The Department of Homeland Security’s new public charge rule is subject to challenge in court on multiple grounds.
American Immigration Lawyers Association (AILA) is seeking potential plaintiffs for litigation challenging the USCIS Policy Manual as it relates to pubic charge issues. Potential plaintiffs include:
- Persons with rejected applications, denied applications, or requests for evidence due to a failure to complete the Form I-944, Declaration of Self Sufficiency, or a lack of supporting documents for the Declaration.
- Applicants unable to complete the Form I-944—or rejected or denied Form I-944, or Form I-944 subjected to requests for evidence—because of an inability to obtain required information from an ex-spouse or other “household member,” as defined by DHS.
- Applicants unable to complete the Form I-944 or deterred from applying based on concerns about disclosing sensitive information (e.g., prior receipt of benefits) about sponsors, “household members,” or other third parties.
- Persons whose applications for benefits were denied by USCIS based on an application of the new public charge rule and USCIS’s amended policy manual, including a lack of health insurance or enrollment in an online, virtual, or remote/ distance learning vocational or language study program during COVID-19 that has been excluded from counting towards the full course of study requirement for vocational or language students.
Feel free to contact our firm to learn more about challenging refusals on public charge grounds.