ALERT: USCIS will implement the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020, except in Illinois, where the rule remains enjoined by a federal court (as of Feb. 5, 2020).
If the injunction in Illinois is lifted, USCIS will provide additional public guidance.
The final rule will apply only to applications and petitions postmarked (or if applicable, submitted electronically) on or after Feb. 24, 2020.
For applications and petitions sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
When determining whether an alien is likely to become a public charge at any time in the future, DHS will not consider an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Feb. 24, 2020.
Similarly, when determining whether the public benefits condition applies to applications or petitions for extension of stay or change of status, USCIS will only consider public benefits received on or after Feb. 24, 2020.
What to Know About Sending USCIS Your Form I-129
The current editions of the Form I-129, dated 01/08/20 and 01/31/19:
- We will accept the 01/08/20 and 01/31/19 editions of this form if it is postmarked before Feb. 24, 2020
- We will not accept the 01/08/20 and 01/31/19 editions if it is postmarked on or after Feb. 24, 2020, except those submitted by aliens/petitions with a physical address in Illinois [see information for Illinois]
- DHS remains enjoined by a federal court from implementing the Inadmissibility on Public Charge Grounds Final Rule in Illinois. DHS has asked for a stay of this injunction from the U.S. Court of Appeals for the Seventh Circuit, given the Supreme Court Decision to stay the last nationwide injunctions. For additional information, see our webpage on the status of the public charge rule in Illinois.
The updated edition of the form
On or after Feb. 24, 2020, we will accept only the 01/27/20 edition of the Form I-129, except those submitted by petitioners/aliens with a physical address in Illinois [see information for Illinois].