Public Charge rule again in effect after appeal

Public Charge rule again in effect after appeal

If you have any questions related to immigration or the public charge rule in San Diego, California, call us today at (619) 746-8879

On October 11, 2020, three federal courts blocked Trump’s Public Charge rule. This rule didn’t allow low-income immigrants to request legal immigration to the United States, as they would be considered a Public Charge. On November 2, a federal appeals court allowed the rule while it considers the case.

Also, very recently, a federal judge blocked the wealth test required for those seeking a Green Card in the United States. This was part of the Public Charge rule that the Trump administration has been trying for some time to implement.

According to AP News, US District Judge Gary Feinerman in Chicago struck down the rule on Monday. Immediately the USCIS (United States Citizenship and Immigration Services) stopped applying it to pending applications. Nonetheless, government attorneys appealed, and the 7th US Court of Appeals put a hold on the ruling the next day. Therefore, the rule is in effect again.

“USCIS spokesman Matthew Bourke said Wednesday that the agency would immediately restart applying the rule to pending cases, but not ‘re-adjudicate any applications or petitions that were approved’ in light of Monday’s decision,” AP News explained.

However, the Illinois Coalition for Immigrant and Refugee Rights and Cook County filed a lawsuit in Chicago and planned to submit arguments to the appeals court this month. Also, Joe Biden promised that if he were elected President, he would end the Public Charge policy.

If you have any questions about how this could affect your immigration status, don’t hesitate to contact an immigration attorney in San Diego, California, today. Kannan Law is ready to help.