So, the public charge is gone. Yes, on March 10, the USCIS removed I-944 from its website.
This is the form that was used under the new public charge rules, declaration of self-sufficiency,
and all the supporting documents that we needed, that are gone. I also made a video a couple
of days ago that explains what happens with cases that were filed before this rule was
removed, and what happens if you receive a request for evidence, what do you do, what
do you do now that this rule is gone. So, that's only that video, but in this video,
I'm going to break down in even more detail what to do if you find the applications before
March 9, when the public charge forms were removed from the USCIS website. What happens
if you receive the request for evidence in more detail? How do you respond if you have
a mix of requests for evidence based on public charge, and part of it is not related to public
charge? And most importantly, how are you going to file your cases from now on when
the public charge rule is gone? How it's going to look like moving forward? I'm also going
to mention what to do if you filed an extension of status for a tourist visa or for any other
non-immigrant visa, which also required some elements of the public charge rule. So, make
sure, once again, you stick to the end. Hello, everybody, and welcome back to our Immigration
channel. This is a place we get the most up-to-date immigration news, immigration updates, and
everything else that you need to make your immigration journey less stressful. My name
is Jacob Sapochnick, and I'm an immigration attorney based in San Diego, California. And
I help clients in all 50 states. If you're here for the first time, make sure to click
the notification bell and subscribe to our channel so you don't miss any of our videos.
And also, give us a big like so you will be able to share this video with more people
just like you. So, let's talk right now, what are you going to do moving forward as you're
about to file your application for Adjustment of Status, or any other application to change
your status inside the United States that requires, previously, information connected
to the public charge. So, if you file an application, on or after March 9, 2021, you're going to
do the following. Applicants filing after the date should not submit Form I-944 declaration
of self-sufficiency or any other documents supporting this application, you don't need
to do so anymore. USCIS also stated that they're not going to reject any applications that
include this I-944 and the evidence, or excluded. Essentially, if you're not going to include
it, you'll be okay. And if you're still going to include it, you're also going to be okay.
Number two, if your application was filed before March 8, 2021, but USCIS was going
to be adjudicating your cases after March 9, 2021. USCIS said they're not going to consider
Form I-944 or any supporting documents related to this document. They also said that any
other information that you provided there would be adjudicated with the current policies
that have been placed, which means, basically, we're going back to the 1999 policy where
you're all you have to do is submit an affidavit of support I-864 and meet the income requirements
under the poverty guidelines. Now, number three, if your Adjustment of Status application
was filed before March 8, 2021, but you received the Request For Evidence or an intent to deny,
specifically to the public charge elements, your reply is due after March 9, 2021. USCIS
stated that you do not have to respond to any of the elements of the Request For Evidence
as they pertain to Form I-944, declaration of self-sufficiency or any of the supporting
documents. So, if your Request For Evidence specifically asking questions about I-944,
you don't meet the requirements, you can ignore this RFE as it pertains to I-944. If your
Request For Evidence has elements, for example, they are questioning your eligibility to adjust
status, maybe your birth certificate, maybe other issues, you still have to respond to
this RFE, just ignore the sections that pertain to I-944. It is very important. Do not ignore
an RFE if it has other elements outside of the I-944 scope, otherwise, your case would
be denied. If the USCIS is going to require more information about your financial ability
to support your immigrant partner, they're going to issue a separate Request For Evidence
that will be based on the previous guidelines from 1999. Specifically, with respect to the
I-864. My recommendation, in any case, is just to respond to all the RFEs that you get
no matter what it is. Respond if it specifically pertains to the I-944, just download the guidance
from the USCIS website. It's right there. If you Google, public charge USCIS, you can
see that it specifically says everything that I've just mentioned here. Copy, download that,
put it in your RFE, and say here's a response. We don't have to address I-944. And that's
it and keep a copy of it. The reason is because, in case, your case will be denied for lack
of response, you have proof that you did reply with this particular guidance that I mentioned
right now. Now, let's talk about the extension of status. What if you extend your tourist
visa and in the United States? What if you change status from a tourist visa to a student
visa or work visa extensions? If you file your I-129 forms, I-539 forms, if you file
these forms after March 9, 2021, you'll have to provide any information pertaining to public
charge specifically, for example, in form I-129, which you use for extension of status
for H1B or O visas, or whatever work visa you have. Part Six talks about public charge.
You can ignore this. If your filing for your tourist visa extension, part five of Form
I-539, you no longer need to provide that information if you file your applications
after March 9, 2021. If your application is for a change of status and the extension of
your work visa was filed before March 8, 2021, USCIS has stated that they're not going to
consider any information pertaining to public charge on any of these applications. And if
they need further information, they will contact you. Finally, if you file your applications
for a change of status, extend your tourist visas, or any other non-immigrant visas before
March 9, then you receive a Request For Evidence after March 9 with a later adjudication date,
you don't have to worry about responding to any elements that pertained to public charge.
But as I mentioned before, I still recommend that you do respond, download the guidance
from the USCIS website, attach it to your response and say, here's my response, I don't
need to address any of the public charge rules based on your guidance. And that'll be a safer
route. So, you have some proof that you did respond and not leave it and answered. So,
as you can see, there's a lot of confusion in this area because a lot of people were
really, really stressed out by the public charge rule. Remember, we had to provide credit
reports, we have to provide proof of income, educational elements, there are so many factors
that came into this. And it made it very difficult for so many people to apply for green cards.
In fact, there are quite thousands of people that were denied their Adjustment of Status
applications because they couldn't meet the requirements of the public charge rule. Therefore,
the elimination of this rule is going to help so many people. It's going to bring justice
back to our system. And it's going to make the process more streamlined in the next few
months. But remember, in the meantime, there's a lot of confusion, and therefore, I wanted
to create this video, so you can understand what happens if you filed your application
before March 9 when they removed the public charge rule. what's going to happen if you
have a Request For Evidence and intent to deny. Remember that it is important to be
methodical, be consistent, look at your applications, I still think that you should respond with
a simple statement stating that public charge information is not required. Here is a printout
from your website, stating that exact facts, please continue to process my application.
And if you need any further information... and ask the government to contact you, and
you will provide it. So, the best bet, always respond to the RFE but make sure to remember
that you don't have to address the public charge element anymore. Once again, hopefully,
this information was helpful. I made this video because so many of you in the comments
and in text messages were asking me about this and were confused. So, hopefully, this
information is beneficial. If you're here for the first time, don't forget to click
the notification bell, subscribe to our channel, and share this video with somebody that may
need this, may benefit from this important information. Don't forget to give us a big
like so YouTube will be able to share this with more people just like you. Remember,
guys, a lot of you are confused about immigration, have questions about this? Don't forget that
we have a Facebook group that is specifically designed to address these questions. We have
a lot of public charge conversation going over there. The link is right here on the
screen, to join our private Facebook group. I want to see you on the other side. I want
to talk to you over there. And also, the link is in the description of this video. And as
always, if you want to have a one on one consultation with me, remember, this video is not intended
to be legal advice. This is public information. I'm doing it for you, guys, every week because
I'm passionate about immigration, because I want to help people, and because I'm encouraged
by your comments, and by your support for this channel. If you want to talk to me one
on one, all you have to do is send me a text message right here, 619-483-4549. We can set
up a proper one on one and we'll discuss your case in more detail. Thanks for watching,
and I'll see you in our next video.