USCIS announces the entry into force of the 'public burden' rule: what's next

The US Citizenship and Immigration Services (USCIS) will enforce the “public burden” rule on February 24, 2020, with the exception of the state of Illinois, where the rule is pending before the federal court as of January 30, 2020. This is stated in the message on the site. US Citizenship and Immigration Services.

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Under this rule, among other things, USCIS will review a foreigner's age, health, income, education, and skills to determine if he can become a “public burden” for a country.

The final rule appeared in August 2019 and was originally supposed to take effect in October 2019. Under this rule, the Department of Homeland Security (DHS) will determine whether an alien is unacceptable to the United States based on the likelihood that the alien will become a “burden on society” at any time in the future.

The rule also includes a requirement that foreigners wishing to extend or suspend a change in status demonstrate that they have not received state assistance beyond the established threshold from the moment they receive non-immigrant status, which they seek to extend or change.

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“Self-sufficiency is a core American value and has been part of immigration law for centuries. President Donald Trump has called for long-standing immigration law to be enforced, and USCIS is delivering on that promise to the American people, said Ken Cuccinelli, senior official acting as DHS deputy secretary. “By requiring those who seek to come or remain in the United States to rely on their own resources, families and communities, we will encourage self-sufficiency, promote immigrant success, and protect American taxpayers.”

USCIS will apply the rule, except in Illinois, only to applications on or after February 24, 2020. For applications and petitions sent by commercial courier (e.g., UPS/FedEx/DHL), the postmark date is the date shown on the courier's receipt.

USCIS will publish updated forms, filing instructions, and a policy guide on the USCIS website for the week of February 3, 2020, to provide enough time for applicants, petitioners, and others to review the updated procedures and adjust filing methods.

After February 24, 2020, except for the state of Illinois, USCIS will reject previous issues of forms if the application is sent on February 24, 2020 or later. If USCIS receives the application using the wrong forms, it will inform the applicant about the need to file a new application or petition using the correct forms.

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USCIS will continue to publish information through its website during the weeks leading up to the date the rule was introduced, including in the event of the lifting of the injunction in Illinois.

In the coming weeks, the agency plans to engage with immigration lawyers, industry representatives and other relevant groups to discuss the nuances of the rule.

DHS is still prohibited from enforcing this rule in Illinois. If the injunction is lifted in Illinois, USCIS will provide additional guidance.

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