DOS Places Hold on Public Charge Rule Implementation

While it has been widely reported that a preliminary injunction has prevented implementation of the new public charge rule at USCIS, some may not be aware that the U.S. Department of State is planning to implement a similar rule.  The Interim Final Rule went into effect on October 15, 2019.  However, DOS has stated that it will not implement the Interim Final Rule until a new Form DS-5540 is published.  The Foreign Affairs Manual has also not yet been updated. For now, applicants and practitioners continue to proceed under the traditional “public charge” framework.

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