DHS removes 2019 public charge regulatory text after vacatur

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States

Operative dateMarch 9, 2021

CategoryResidence, family, other

Policy toolEligibility

Affected groupNew applicants

Policy effect

DHS removed the 2019 public charge regulations from the Code of Federal Regulations after a federal court vacatur, restoring the pre-2019 regulatory text.

Conditions and exceptions

Validated condition or limit: DHS removed the 2019 public charge regulations from the Code of Federal Regulations after a federal court vacatur, restoring the pre-2019 regulatory text.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Homeland Security 8 CFR Parts 103, 106, 212, 213, 214, 245, and 248 RIN 1615-AA22 AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Final rule. SUMMARY: This final rule removes the regulations resulting from a final rule issued in August 2019, which has since been vacated by a Federal district court. DATES: This rule is effective on March 9, 2021, as a result of the district court's vacatur. FOR FURTHER INFORMATION CONTACT: Mark Phillips, Residence and Naturalization Division Chief, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security … dismissed the appeal and the Rule 54(b) judgment went into effect. DHS is now implementing the judgment, i.e., the vacatur of the August 2019 rule. This rule removes from the Code of Federal Regulations (CFR) the regulatory text that DHS promulgated in the August 2019 rule and restores the regulatory text to appear as it did prior to the issuance of the August 2019 rule.[6] This rule also removes regulatory text that DHS initially promulgated in 8 CFR part 103 as part of the August 2019 rule, but later moved to 8 CFR part 106 in the August 2020 final rule entitled U.S. Citizenship and Immigration Services … Sufficiency Discontinue This form was used to demonstrate that an alien is not likely to become a public charge Applicants for adjustment of status who are subject to the public charge ground of inadmissibility This form was the primary basis for determining whether an applicant is inadmissible on the public charge ground (8 U.S.C. 1182(a)(4), as it asked questions about the factors considered in a public charge inadmissibility determination under the August 2019 rule. Because of the vacatur and removal of the August 2019 rule, USCIS will no longer use this information collection. I-356 Request for … clarified what categories need to file Form I-944 This form is used by aliens present in the United States to obtain lawful permanent resident status For aliens applying for adjustment of status, including: Immediate relatives (spouses, children, and parents of U.S. citizens) Family-based immigrants (principal beneficiaries and their dependents) Employment-based immigrants (principal beneficiaries and their dependents) Those who entered as K nonimmigrants (Fiance(e)s or certain spouses of U.S. citizens, and their children) who are seeking lawful permanent resident status based on the primary beneficiary's marriage to the U.S. citizen petitioner Adjustment of status applicants generally must be admissible to the United States, and must demonstrate that they are not inadmissible under any of the grounds in section 212(a), including public charge. However, because of the vacatur and removal of the 2019 rule, and the discontinuation of Form I-944 USCIS will no use these elements of the information collection. I-864 Affidavit of Support Under Section 213A of the INA Update—reference to Form I-864W, which is being reinstated Statement/contract provided by a sponsor to show that the sponsor …

Federal Register 86 FR 14221Federal Register 86 FR 14221. DHS removes 2019 public charge regulatory text after vacatur. Effective 2021-03-09.Open official source

Retrieved from https://www.federalregister.gov/documents/2021/03/15/2021-05357/inadmissibility-on-public-charge-grounds-implementation-of-vacatur

Review method

Two separate automated exact-claim source reviews

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DHS removes 2019 public charge regulatory text after vacatur

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United States changes operative in 2021