Judge Bars Enforcement of Immigration Public Charge Rule During Pandemic

UPDATE #2: Per a September 2020 court order, the public charge rule may now be enforced nationwide, during the pandemic, until further notice.

UPDATE: The Second Circuit Court of Appeals issued a ruling on August 12th limiting the District Court’s Order discussed below to Vermont, Connecticut, and New York only. Therefore enforcement of the public charge rule is currently barred in those states only. USCIS may enforce the rule in all other states. Stay tuned for further updates.

We have rare positive news for those seeking permanent residency in the US: 

On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency. Both United States Citizenship and Immigration Services (USCIS) and the United States Department of State (DOS) have since announced that they will comply with the injunction.  

This means that as long as the injunction remains in effect and there is a declared national health emergency, neither DOS consular nor USCIS officers will enforce any part of the public charge rule. 

Please check back in for updates, as this is a fluid situation. 

We are fully operational virtually and here to help! Contact us at theteam@huwelaw.com or 415-496-9040 for assistance in applying for a green card.