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Lee & Garasia, LLC
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I-944 Archives

Adjustments Must Include I-944 | 2nd Circuit Modifies Nationwide Injunction

In a startling turn of events, the Court of Appeals for the Second Circuit issued a decision last Wed limiting its injunction of the public charge rule to states only within its jurisdiction, namely, Connecticut, New York, and Vermont. As a result, the landscape is suddenly back to what it was before, with adjustment of status applicants in all states, except the aforementioned three within the Second Circuit, technically required to submit the I-944 Declaration of Self-Sufficiency unless they fall within very limited exceptions. Furthermore, USCIS will resume adjudicating and evaluating public charge issues under the new guidelines which were published and implemented earlier this year. (Cases which are filed in the Second Circuit will be handled under the 1999 public charge rules unless the injunction is ultimately lifted.)

Court Issues Block On Public Charge Rule | Do I Still Have To File I-944?

Last week, the Southern District Court of New York granted a preliminary injunction effectively staying further enforcement of the public charge rule. This is extremely significant news given that the order is to be applied nationwide in light of the irreparable harm and public interests engendered by the COVID-19 pandemic. Under the decision, the government is "enjoined from enforcing, applying, implementing, or treating as effective the [public charge] Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak." In practical terms, what this means is that the government is forbidden from applying the stricter public charge guidelines to individuals seeking admission to the US. The plain language seems to indicate that applicants for adjustment of status should not have to complete the onerous I-944 when submitting the I-485 application, and applicants should not bear the burden of demonstrating self-sufficiency at their interviews so long as this injunction is in effect.

PROFESSIONAL RECOGNITION

    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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