On March 9, 2021, DHS announced that it would no longer defend the 2019 Public Charge Rule (2019 Rule) implemented by the Trump Administration which led to the creation of the Form I-944. Lawsuits were filed challenging the 2019 Rule. It has been confusing at times when the Rule was put on hold, then back on, then only applicable to some jurisdictions.
Given that the last court decision was to invalidate the 2019 Rule and that DOJ will no longer pursue appellate review of that decision, the previous rule (1999) will take effect after the invalidation of 2019 Rule becomes final.
USCIS and DUSH will formally announce when they will cease applying the 2019 Rule.
Update 3/11/2021
USCIS has announced that as of March 9, 2021, applicants and petitioners should not provide information related to the Public Charge Final Rule. This means no I-944.
Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).
For pending cases as of March 9, 2021, USCIS will also disregard information relating to the 2019 Rule. Pending I-944 will not be considered.
If you receive an RFE for a case filed prior to March 9, 2021, you need not respond to the sections or inquiries of the RFE or NOID that solely pertain to the Form I-944 or Public Charge Rule.
