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DOS Announces Consular Officials Will NOT Apply Public Charge Rule to Visa Applicants Pursuant to Court Order

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We have nice information for visa candidates relating to the general public cost rule. On August 7, 2020, the U.S. Department of State issued an essential update explaining that the company will probably be complying with the July 29th injunction issued by a federal decide within the United States District Court for the Southern District of New York which briefly blocks the federal government from “enforcing, applying, implementing, or treating as effective,” the general public cost rule generally known as “Inadmissibility on Public Charge Grounds,” which was carried out on February 20, 2020.

As a outcome, efficient June 29th (the date of the Judge’s order) neither Consular officers nor the United States Citizenship and Immigration Services (USCIS) can implement any a part of the general public cost rule for any interval throughout which there’s a declared nationwide well being emergency in response to the COVID-19 outbreak, and for so long as the injunction stays in place.

In different phrases, visa candidates applying for each immigrant and non-immigrant visas at a U.S. Consulate or Embassy overseas, can relaxation assured that Consular officers is not going to implement the general public cost rule generally known as “Inadmissibility on Public Charge Grounds,” in any means pursuant to the Court’s ruling on June 29th.

In their statement the Department of State made clear, “the Department is complying with the court’s order and is in the process of updating its guidance to consular officers on how to proceed under the preliminary injunction. In the interim, visa applications that appear to be ineligible under INA 212(a)(4) will be refused for administrative processing to allow for consultation with the Department, including legal review to ensure compliance with applicable court orders.  Visa applicants are not requested to take any additional steps at this time and should attend their visa interviews as scheduled.  Applicants are not required to complete, nor should they present the DS-5540, Public Charge Questionnaire.”


What Guidance Will Consular Officials Apply within the Absence of the Public Charge Rule?

The Department of State is not going to apply the February 2020 “Inadmissibility on Public Charge Grounds Final Rule,” however will apply the 1999 public charge guidance insurance policies that have been in place earlier than the “public charge” last rule was carried out on February 20, 2020.


Do visa candidates must current DS-5540 at their interviews on or after June 29th?

Absolutely not. For so long as there’s a public well being emergency and the injunction stays in place, candidates don’t must current the DS-5540.


Will USCIS Comply with the Court Order?

Yes. On August 4, USCIS issued its own statement explaining that it’ll not be “enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak,” pursuant to the Court’s order.

To learn extra about USCIS’ response, please learn our weblog publish here.


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