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DAP Forums > DREAM Act > The News Room

Public Charge Defeated by Federal Court! - Page 5

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#41
01-04-2021, 08:36 PM
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Hey Everyone was this not defeated? Just received a letter from USCIS stating I need to send them my I-944 for my AOS.
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#42
01-05-2021, 01:06 AM
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Originally Posted by powerfitness View Post
Hey Everyone was this not defeated? Just received a letter from USCIS stating I need to send them my I-944 for my AOS.
What state are you applying from? The ninth circuit issued a decision in early December to block DHS from applying the Public Charge rules, but apparently that court order is not 'final' - not sure what that means exactly, since I don't think USCIS get's to decide if they want to 'implement the injunction' as stated below. You might need to consult an attorney.

It only applies to applicants from these 18 states: California, Colorado, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Virginia, Washington D.C., and Washington State

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On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking the government from applying the new Department of Homeland Security (DHS) public charge rule in all the regions of the U.S. represented by the plaintiffs in the cases challenging the new rule, but this decision is not yet final. The injunction would block the government from enforcing the new public charge rule in [18 states]. This would mean that U.S. Citizenship and Immigration Services (USCIS) would be prevented from applying the new rule in those areas, even though it could apply the new rule elsewhere. However, for now, USCIS may continue to apply the new rule, including requiring submission of Form I-944. It is important to watch for updates on how the agency will implement this injunction and whether they will challenge it.
Last edited by eRkah; 01-05-2021 at 01:09 AM..
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#43
01-05-2021, 02:04 PM
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Originally Posted by eRkah View Post
What state are you applying from? The ninth circuit issued a decision in early December to block DHS from applying the Public Charge rules, but apparently that court order is not 'final' - not sure what that means exactly, since I don't think USCIS get's to decide if they want to 'implement the injunction' as stated below. You might need to consult an attorney.

It only applies to applicants from these 18 states: California, Colorado, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Virginia, Washington D.C., and Washington State

link
Thank you! I'm applying from California. I forwarded it to my attorney she is looking into it for me.
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#44
01-05-2021, 10:20 PM
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Thank you! I'm applying from California. I forwarded it to my attorney she is looking into it for me.
Would love to know what they say and what you end up deciding. It could be easier to submit the form if you have the evidence and meet the standards, and hopefully it becomes moot in the future anyways
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#45
01-06-2021, 12:53 PM
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Quote:
Originally Posted by eRkah View Post
What state are you applying from? The ninth circuit issued a decision in early December to block DHS from applying the Public Charge rules, but apparently that court order is not 'final' - not sure what that means exactly, since I don't think USCIS get's to decide if they want to 'implement the injunction' as stated below. You might need to consult an attorney.

It only applies to applicants from these 18 states: California, Colorado, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Virginia, Washington D.C., and Washington State

link
Quote:
Originally Posted by eRkah View Post
Would love to know what they say and what you end up deciding. It could be easier to submit the form if you have the evidence and meet the standards, and hopefully it becomes moot in the future anyways
Will do once I hear back from her on Friday. I think that is what we will end up doing, I am confident I pass the standards but we will see.
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