After the Public Charge rule has been enjoined by a New York federal court on July 29, 2020, many applicants for I-485 adjustment of status wonder if they should submit the I-944 (Declaration of Self-Sufficiency) with their I-485 applications.
USCIS confirmed on July 31, 2020, that the agency will follow the federal court decision and stop applying the Public Charge rule as long as the court decision is in effect. This policy covers I-485 and also other non-immigrant applications such as the Form I-129 and Form I-539 for status changes.
USCIS also confirmed that applicants do not have to include the I-944 with their I-485 applications postmarked on or after July 29, 2020. They also do not have to provide information regarding receipt of public benefits in applications submitted on or after that date.
However, it is important to note that, although Form I-944 is not required to be filed while the court injunction is in effect, the legal requirement that somebody who is likely to become a public charge (burden) to American society still remains. An immigration or visa officer may still request for information and documents regarding an applicant's age, skills, education, health conditions, asset and liability information.
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