Certain Immigration Applications and Petitions Immediately Subject to Public Charge Final Rule
On February 21, 2020, the U.S.
Supreme Court stayed an injunction by a lower federal court in Illinois,
thereby allowing the Department of Homeland Security (DHS) to implement the
Inadmissibility on Public Charge Grounds final rule nationwide, including in
Illinois where it had been challenged since October 2019. U.S. Citizenship and
Immigration Services (USCIS) has since announced
that the final rule’s implementation goes into effect immediately and applies
to all related applications and petitions postmarked on or after February 24,
2020.
The Inadmissibility of Public
Charge Grounds final rule changes the definitions and standards that DHS uses
to determine whether or not a foreign national seeking admission to the U.S. or
adjustment of status within the U.S. is likely to become a “public charge” in
the future. It also allows DHS to deny extensions of stay and changes of status
to nonimmigrants who have received certain public benefits for more than 12
months, in total, within any 36-month period. Examples of such benefits include,
but are not limited to, the Supplemental Nutrition Assistance Program (SNAP)
and most forms of federally funded Medicaid.
Details of the final rule
including its applicability, exemptions and the full list of public benefits
now considered can be found on the USCIS website, Public Charge page. At
UIC, individuals and departments impacted will include those filing USCIS forms
I-539/I-539A, Application to Extend/Change Nonimmigrant Status (e.g. F-2, J-2,
H-4), I-129, Petition for a Nonimmigrant Worker (e.g. H-1B, O-1) and I-485,
Application to Adjust Status (green card application). Foreign nationals
applying for visas at U.S. Embassies or Consulates abroad to study, visit or
work at UIC will also be subject to additional forms, documentation and
screening as a result of the final rule.
The Office of International
Services will be updating their forms and processes in response to this final
rule and advise the UIC international community and hiring departments
accordingly. The decision to utilize or recommend public benefits, even those
exempt from public charge consideration, should not be made without full
consideration of the possible consequences. OIS Advisors are available for
consultation and international students, scholars, employees, and exchange
visitors may always seek personal legal advice from a qualified immigration
attorney as needed.
As always, the mission of our
office is to enhance and support the international dimensions of the University
of Illinois at Chicago and the medical branches in Peoria and Rockford. If
there are any questions or concerns about this announcement, please feel free
to contact us at ois@uic.edu or (312)
996-3121.