USCIS announced the date of entry into force of the rules on ‘public nuisance’: what’s next

Service citizenship and US immigration services (USCIS) will enact a rule about “public burden” February 24, 2020, with the exception of Illinois, where this rule is considered by the Federal court as at 30 January 2020. This is stated in the message on the website of citizenship and immigration USA.

USCIS объявила дату вступления в силу правила об 'общественной обузе': что дальше

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In accordance with this rule, USCIS will consider factors such as age, health, income, education and skills of the foreigner, among other things, to determine whether a foreigner to become a “public burden” for the country.

The final rule released in August 2019 and was initially scheduled to come into effect in October 2019. Under this rule, the Department of homeland security (DHS) will determine whether the alien is inadmissible to the United States, based on the likelihood that the alien will become a “burden to society” any time in the future.

The rule also included a requirement that foreigners wishing to extend or suspend status change, showed that they had not received state aid in excess of the threshold of receipt of the nonimmigrant status which they seek to extend or modify.

“Sustainability is a core American value and has been part of immigration law for centuries. The US President Donald trump called for the execution of long-standing immigration law, and citizenship and immigration US fulfill this promise to the American people, î said Ken Cuccinelli, a senior official, the acting Deputy Secretary of DHS. — Demanding from those who seek to come or stay in the United States, to rely on their own resources, family and community, we will encourage self-sufficiency, to contribute to the success of immigrants and protect American taxpayers.”

With the exception of Illinois, the USCIS will apply the rule only to requests from February 24, 2020 or after that date. For applications and petitions sent by commercial courier (e.g. UPS / FedEx) or DHL), the date of postmark is the date specified in the receipt of the courier.

USCIS publishes updated forms, submission instructions and policy manual on the website of the USCIS during the week from 3 February 2020 to provide the petitioners, the petitioners and others enough time to see the updated procedures and correct methods of filing.

After February 24, 2020 everywhere except Illinois, USCIS will reject previous editions of the forms if the request will be sent to February 24, 2020 or later. If USCIS receives the application, using the wrong forms, it will inform the applicant of the need to submit a new application or petition using correct form.

USCIS will continue to publish information via its website in the weeks preceding the date of introduction of the rule, including in the case of the lifting of the injunction in Illinois.

In the coming weeks, the Agency plans to conduct the interaction with immigration attorneys, industry representatives and other relevant groups to discuss the nuances of the rules.

DHS is still prohibited to comply with this rule in Illinois. In the case of the lifting of the injunction in Illinois USCIS will provide further guidance.