Biden Administration Reversal of the Trump Era 2019 Public Charge Rules (Form I-944 Discontinued)

March 9, 2021

In one the most significant reversals of the Trump era immigration policies to date, the Biden administration has abandoned the 2019 public charge rules that reduced the number of people who were eligible to immigrate to the United States based on their financial situation.

The Department of Justice filed a joint motion to dismiss the petition for certiorari in the Supreme Court, as well as joint motions to dismiss appeals in various circuit courts, including in the Seventh Circuit which had stayed a prior nationwide injunction of the new rules (see the court order here).

Subsequently, DHS published a final rule, that took effect on March 9, 2021 and restored the regulatory language that existed prior to the 2019 changes. As a result, the Form I-944 is no longer required for adjustment of status cases.  Many of the burdensome documentary requirements are no longer applicable, and our clients no longer need items such as the following to submit a case:

1) Credit report and score;

2) Educational documents (degrees, equivalency evaluations, etc.), and;

3) Documents related to debts and liabilities.

Also, there is more certainty when applying for immigrant benefits now as potentially subjective denials for financial reasons are no longer a concern.  Hopefully, we will see additional changes to the US immigration system under the Biden administration soon.