Visa Lawyer Blog
On February 21, 2020, the Supreme Court of the United States by a vote of 5-4 stayed the remaining statewide injunction issued by the U.S. District Court for the Northern District of Illinois, which prevented the government from enforcing the Inadmissibility on Public Charge Grounds rule also known as the “public charge” rule in the State of Illinois. A “stay” is a ruling made by a court to stop or suspend a proceeding or trial temporarily.
What this means
The Supreme Court’s ruling means that the government may now enforce the “public charge” rule in the state of Illinois, while it appeals the District Court’s decision.
Shortly after the ruling, the United States Citizenship and Immigration Services (USCIS) updated its webpage announcing that beginning today, February 24, 2020, the agency will formally implement the “public charge” rule on a nationwide basis, including in the state of Illinois.
Illinois Is No Longer Exempt from Public Charge Rule
This ruling means that Illinois is no longer exempt from the public charge rule.
As a result, the public charge rule will apply nationwide to all individuals including those residing in the state of Illinois, applying for adjustment of status, or a change or extension of status, on or after February 24, 2020. As a reminder, individuals residing in the state of Illinois must use the newest editions of the following forms when filing for adjustment of status or a change/extension of status.
- Form I-129, Petition for a Nonimmigrant Worker
- Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
- Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
- Form I-539, Application to Extend/Change Nonimmigrant Status
- Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status (PDF)
- Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-864, Affidavit of Support Under Section 213A of the INA
- Form I-864A, Contract Between Sponsor and Household Member
- Form I-864EZ, Affidavit of Support Under Section 213A of the INA
- Form I-912, Request for Fee Waiver
In addition, applicants residing in the state of Illinois must submit Form I-944 Declaration of Self Sufficiency along with Form I-485.
For more detailed information about the public charge rule please read our FAQs here.