Update on the I-944 Form and the Public Charge Rule

If you are in the process of applying for a green card in the U.S., you may be wondering: “Do I need to fill out the I-944 or provide ALL the evidence requested for this public charge rule?” “Will the current administration get rid of this?”


For now, the short answer is: For now, the public charge rule and the I-944 form is here to stay.


Last week, President Biden issued Executive Order 14012, which among other things, set up a task force to look into how the public charge rule was being enforced. But this executive order does NOT rescind the public charge rule or the I-944 form.


Issued under the previous administration,  the public charge rule is an informal rule that went through a notice and comment period before ultimately being finalized. It is also a rule that has survived much litigation. While there are still some pending lawsuits against the public charge rule, we do not know at this point what will be the outcome of these lawsuits. If either the U.S. government withdraws from these cases or the U.S. Supreme Court refuses to hear them, an injunction against the public charge rule will most likely take effect.


For a presidential administration to directly do away with a final rule, it must do so through the issuance of a new rule that must go through a proper notice and comment period under the Administrative Procedure Act. Such a rule must be issued properly so as to withstand the various court challenges that will surely be made against it. This takes time. 


For more updates on the status of the public charge rule, please call Blaszkow Legal, PLLC at (703) 879-5910.