Federal Judge Grants Nationwide Preliminary Injunction of Public Charge Rule

On Friday, October 11, 2019, a Federal judge for the Southern District of New York granted a request for a nationwide preliminary injunction of the new Public Charge Rule set to go into effect on Tuesday, October 15, 2019.  In short, this injunction is temporary in nature and prevents the Public Charge Rule from being implemented until either the case is tried on its merits or the preliminary injunction is appealed and reversed.  In either event, it is a temporary win for immigrants seeking to adjust status in the United States to that of lawful permanent residents.

USCIS released new editions of the forms required to be submitted by adjustment applicants only this last Wednesday evening, less than a week before their usage would have been required.  The new rule is set to shift the public charge analysis to the immigrant’s financial profile rather than that of the sponsor. In addition to a new, onerous form (Form I-944), USCIS was set to place heavy documentation burdens on the financial affairs of immigrants and sponsors.

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