Litigation regarding the public charge rule continues. The Department of Homeland Security appealed a federal judge’s decision which vacated the public charge regulation nationwide. On November 2, 2020, DHS asked that the lower court decision be halted while the appeal continues. The Seventh Circuit Court of Appeals granted the government’s request. This means that that USCIS may implement the public charge rule until further notice. Public charge forms and documentation must be submitted with adjustment of status applications and nonimmigrant extension and change of status applications.
There may be additional changes forthcoming as the public charge rule is being challenged in several separate lawsuits.
The public charge rule is still not being enforced by the State Department in applications for visas filed by foreign nationals.
