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Changes to Public Charge Rule

On February 2, 2021 President Biden issued an executive order that required the heads of relevant agencies to suspend any investigations or compliance actions regarding former president Trump’s presidential memorandum from May 23, 2019 title “enforcing the legal responsibilities of sponsors of aliens.”


By April 3, 2021 the executive order requires the heads of relevant agencies to review all agency actions related to the implementation of the public charge ground of inadmissibility and related ground of deportability.


This executive order does not change the current requirements to file a form I-944 declaration of self-sufficiency with form I-485 adjustment of status. The form I-944 is current required in all jurisdictions.

However, if the government moves to withdraw its certiorari petitions or the supreme court declines to hear the cases, the mandates will likely issue and the injections against the implementation of the public charge rile would once again become effective.

Our office will continue to monitor the situation and update our clients as more information becomes available.


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