Hi friends
Tonight. I have some breaking news for you. Join me live. As we talk about public charge
friends. If you're interested in hearing the latest update regarding public charge, chime
in right now, join me live. I have some very important things to share with you in this
session. I hope you're all doing well. It's good to see you. Um, hi Kiel. Nice to have
you on from Trinidad. Um, I have quite a bit of clients in Trinidad, so it's good to see.
See you Corinne. It's always great to see you as well. Michael. Good night. Good night
guys. As you're chime in, in, give me some hearts, give me some likes, say hello, say
good night. And let me know where you're watching me from Albert guys. As you can see from the
title of tonight's session, this is not great news. This is really not great news, but this
just happened, um, just a few hours ago.
And so I wanted to quickly get before you tonight and share this information with you
because I must say guys, I'm so disappointed, right? I am disappointed. Lots and lots of
immigration lawyers are freaking out right now, literally freaking out. Okay. My network
is freaking out, but I don't want you guys to freak out. I want to share with you what's
going on and, um, talk to you about what you can expect going forward. But as you know,
from the title of today's, the tonight's video public charge is back. Public charge is back.
Okay. And so that's not great news Marsha. It's nice to see you. Thank you. Another one
from Trinidad. Thank you so much. Thank you for being with us. Um, uh, Chris Lynn, uh,
Samantha. Great to see you. Thanks for watching from Georgia. Okay. So let's get into it.
Let's get right into the heart of the matter.
Um, so friends, as you guys know, uh, just what two weeks ago, we were all celebrating,
right? I was before you with great news about public charge, we were also happy ecstatic.
Um, some of you were cautiously optimistic. You wanted to watch and see what would happen.
Many of us, we were very excited because on July 29th, a judge in New York federal judge,
uh, judge issued a preliminary injunction to stop public charge temporarily during this
Corona virus national emergency. And so the injunction that was issued was a nationwide
injunction nationwide. Um, and also a injunction were also issued with respect to the department
of state's public charge rules, and also the health insurance proclamation that applies
to those who are outside of America, trying to come in now. Um, so since that injunction
was issued, the U S C I S issued guidance on this rule about how we should treat it,
what we should do, what we should not do.
And so they instructed all of us not to submit the form. I nine 44, which is the declaration
of uhm, the declaration of self-sufficiency. Okay. And so they told us, and I have the
guidance right here in front of me and I'm gonna pull it up too shortly because it is
still public. Um, they told us do not submit that declaration of self-sufficiency, uh,
for those who file after on or after July 29th. And then they provided some additional
instructions about how they want us to handle this injunction. Um, and so some people went
ahead and, um, filed, and we're going to talk about what you should do if you've already
filed without the I nine 44, because there, I have a very important tip to share with
you, um, in this video about what you should do if you've already filed, uh, without the
I nine 44, do not freak out.
Okay. So they gave us these instructions and then, um, today. Okay. So then today what
happened today? So today, um, the second circuit court of appeals also here in New York issued
a two page order. Very short order stayed in that the public charge in junction only
applies to three States to residents in three States, New York, Connecticut, and Vermont.
Those were the three States that filed the lawsuit, right? Those were the three States.
And so the judge has narrowed the second circuit court of appeals, which is a higher level
court than the federal district court that, uh, the us district court that issued the
first injunction. So this second circuit court of appeals said that this is no longer nationwide.
It only applies to New York, Connecticut, and Vermont. And so this is the order that
was issued today. Tonight, this just happened literally a couple of hours ago.
This is the order that was issued by the second circuit court of appeals. And this order says
that, um, and I'm going to read it here upon due consideration. Um, well, no, I'm not going
to read this because sounds very concise. Um, very confusing. But basically what they're
saying is that the July 29th, 2020 in junction only applies to New York, Connecticut, and
Vermont. It does not apply to all the other States in America. And so, um, this is obviously
quite disappointing. Let me see if I could pull up the other part. Yeah. This is the
language in the, um, this is how short this order is literally one little paragraph. Okay.
But it means so much, this one little paragraph means so much. Um, and so this only applies
to those three States. So if you're a resident of one of those States, then you do not have
to file the [inaudible] declaration of self-sufficiency and you will not, you will not be run through
the public charge tests during this injunction time during the period of the injunction,
but everyone else is subject to the rules.
Unfortunately. Now I must say that USC has to issue more guidance on this issue because
we now need to know, well, what else should we do or should not do. So I don't have all
of the answers for you tonight. Okay. Because I'm also waiting on instructions from the
U S CIS about how to proceed. Now, what should you do if you've already filed the, the, your
adjustment of status packet and you did not include the [inaudible]. So if you've already
filed friends, um, do not stress that because the reason you should not, um, stress that
is because the government, and I'm going to pull it up again and pull this up for you.
Give me a second here. The government still has these instructions on its website. Okay.
Which says that, um, that for those of you who filed your application, it's postmarked
on or after July 29th, you should not include the form.
I nine 44 or provide information. Let me scroll down to the section so that you guys can read
it along with me. Um, applicants in petitioners whose applications or petitions are postmarked
on or after July 29th, 2020 should not include the form. I nine 44 or provide information
about the receipt of public benefits on form I four 85 form [inaudible] 29 form I one 29
CW form I five 39 or form I five 30, nine, eight. Okay. And this guidance is still public.
And after this broadcast, I will provide the, to this. This was last updated on August 4th.
Okay. As on August 4th, the government provided this guidance. So my, my tip to you is, um,
let's get back on the screen here. My tip is this. If you filed already without the
I nine 44, simply print this out and have this handy in the event, your file is rejected
by the government.
You have proof that you follow the instructions and you filed accordingly. And so you're refiling
this again without the I nine 44, okay. Pursuant to the instructions that the government has
provided to all of us. So, um, I'm expecting them to change the guidance right away, obviously
to narrow the focus. Um, so that only those in New York, Connecticut, and Vermont will
not be subject to the public charge rules. Um, the new public charge, um, rules that
went into effect on February 24th this year. So if you are now, um, join in this broadcast,
I'm just gonna summarize just real quickly and then we're gonna, I'm gonna log off, but
public charge is back. Um, it is back based on the fact that a judge, the second circuit
court of appeals, I should say,
Issued, um,
Issued an order today limited, um, the preliminary injunction that went into effect on July 29th.
And so public charges back for most people, except those in New York, Connecticut, and
Vermont, the three States that were part of this litigation. So I'm gonna stop right here
for just a second and just, um,
Let you allow you to weigh in
On this. I know it's disappointing. Stephanie says, wow. Always something with this administration.
Yes, Stephanie, it is an up and down Jojo. Merry-go-round someone said Merry go round
earlier. And I completely agree with you. It's just awful how they're treated, um, immigration.
So irresponsibly Deb says good night, thanks for all of your information. Um, thank you
for that. I appreciate it. Um, Renee says, I guess we all need to move to any of those
States. Ridiculous. Yeah. It's, it's totally ridiculous that they would narrow it down
to just these three States. I'm Rashida. Thank you so much for saying that. Doing a great
job. Thank you so much for shade. I appreciate it.
Mmm. Mmm.
How about people waiting for immigrant visa? So I don't have the full answer for that one
quite yet. Okay. I do not have the answer with respect to how they're going to treat
the department of state. The department of state did issue. Um, I may have filmed this,
but I may not have had a chance to publish it yet to you guys, but the department of
state had issued its feedback on this injunction. And they said that they were going to comply
with it. They were going to comply with it. I'm not certain how today's tonight's rule
in, um, intersects with that. When I get more information and the department of state clarifies
things for all of us bell, I will provide you guys with more answers, so,
Okay. Um, okay. Um,
It's this is this for people that was already accepted kale. I'm not certain, I understand
that question. You may want to, um, reframe it for me. Um, be a little bit more specific
and I thank you for watching from Fresno. I'm just, I haven't, there seem to be a lot
of comments guys, and I'm just scrolling through hi, Latoya. Nice to see you,
Micah. Um, Oh,
Again, Belle says she's disappointed. Uh, disappointed. Yes. So are so, so am I, like
I said, lawyers tonight are literally freaking out, literally freaking out because this,
this was, um, many of us have already prepared our cases for our clients and I nine 44 is,
was not in the mix. Uh, now we got to put it back in the mix and it's, you know, the
paperwork and it's a lot of stress for the clients as well. So it's, it's really, it's,
it's something so friends, that's the update for tonight. That's the breaking news. Please
share this video with other people so that they're in the loop. And if you need to, if
you're going to do your four 85, keep in mind. If you're not in one of those three States,
you must include the I nine 44 and less USC tells us otherwise, okay, include your I nine
44, if you're in every other state. All right. So once we get more guidance from them about
how they're going to handle this issue, then um, then I will get right back in front of
you,
Um, and loving it.
He says, not in others, not in other countries doing how much USA is doing so bad. Yeah.
Other countries. I mean, other countries, some countries are tough on immigration too,
but this yo-yo back and forth thing that our government is doing. And the way that they're
treating immigrants love, need. I totally agree with you. It is bad. Um, it's not good.
Um, uh, I'm not sure. Okay. Thank you so much for that love. Neat. Okay. So friends, I hope
you find this helpful again, share it with other people. Um, I thought it was important
to get this information to you right away. So that in the event that you were planning
on filing for adjustment of status, uh, this week or next week, you know, um, make sure
you include your I nine 44 and all of your financials and other evidence to prove that
you will not become a public charge in the future. And that you're not a public charge,
um, period. And so include that if you're not in New York, Connecticut, and Vermont.
So with that being said, guys, give it a, like, let me know some more of your thoughts
below. And when I get more information, I will share it with you guys. I appreciate
you joining me tonight. Bye bye.