Lincoln, NE 68508 Extension of Stay and Change of Status Applicants and Petitioners in the State of IllinoisĪpplicants and petitioners seeking to extend an alien’s nonimmigrant stay or change an alien’s nonimmigrant status in Illinois are not subject to the final rule. Applicants who file Form I-485 concurrently with an underlying immigrant petition (for example, Form I-130, Form I-140, or Form I-360) should submit the entire Form I-485 package together to the NSC address provided below to facilitate processing.Īll Form I-485 and any concurrently-filed immigrant petitions filed by or on behalf of aliens living in Illinois and who are subject to the public charge ground of inadmissibility must be sent to:.These applicants do not need to complete the new Form I-944, Declaration of Self Sufficiency with their Form I-485.Applicants must also submit all required initial evidence and correct application fees.Applicants who live in Illinois must continue to submit their applications on the prior edition of the Form I-485 with the July 15, 2019, or Dec.To determine whether an applicant lives in Illinois, we will use the applicant’s current physical address, as provided in Part 3 of the Form I-485, Application to Register Permanent Residence or Adjust Status.We will adjudicate such applications under the 1999 Field Guidance on Deportability and Inadmissibility on Public Charge Grounds.Adjustment of Status Applicants in the State of IllinoisĪpplicants for adjustment of status who live in Illinois and who are subject to the public charge ground of inadmissibility are not subject to the final rule. If the injunction in Illinois is lifted, we will provide additional public guidance. District Court for the Northern District of Illinois. However, we are prohibited from implementing the final rule in Illinois, where it remains enjoined by the U.S. USCIS will implement the Inadmissibility on Public Charge Grounds Final Rule on Feb. 24, 2020.Ĭertain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule. In addition, USCIS will not consider, and applicants and petitioners submitting applications and petitions for extension of stay and change of status do not need to report, the receipt of any public benefits received before Feb. 24, 2020 in a public charge inadmissibility determination. Similarly, USCIS will not consider as a heavily weighted negative factor receipt of previously included public benefits (such as SSI and TANF) before Feb. USCIS will not consider, and applicants for adjustment of status do not need to report, the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public benefits (such as SNAP, most forms of Medicaid, and public housing) before Feb. Due to litigation-related delays in the Final Rule’s implementation, USCIS is applying this requirement as though it refers to Feb. The Final Rule requires applicants for adjustment of status who are subject to the public charge ground of inadmissibility and certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits.
USCIS will reject any affected application or petition that does not adhere to the Final Rule, including those submitted by or on behalf of aliens living in Illinois, if postmarked on or after Feb. For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date reflected on the courier receipt. USCIS will apply the Final Rule to all applications and petitions postmarked (or, if applicable, submitted electronically) on or after that date. USCIS will implement the Inadmissibility on Public Charge Grounds Final Rule nationwide, including in Illinois, on Feb. District Court for the Northern District of Illinois affecting Illinois filers. 21, 2020, the Supreme Court stayed the statewide injunction issued by the U.S.