On February 24, 2020, USCIS implemented a Public Charge Rule requiring most green card applicants to undergo a subjective determination as to whether he or she will likely become a public charge in the future. Since then, anybody applying for adjustment of status or an immigrant visa at a consulate abroad, was required to provide documents providing that they would not become a public charge upon issuance of a green card.
UPDATE #2: On September 22, 2020, USCIS reinstated the Public Charge Rule for all adjustment of status applications and certain non-immigrant status applications. This means that Form I-944 must be included with any pertinent applications, though USCIS has provided a grace period to October 13, 2020 to submit applications without Form I-944. Any such applications may be subject to a Request for Evidence later on.
UPDATE #1: On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) instructed the Department of Homeland Security to stop enforcing or implementing the Public Charge Rule “for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.” As a result of this order, USCIS confirmed that it will not adjudicate any Public Charge applications received on or after July 29, 2020. Since this order came from the lowest federal court level (district court), it may be overturned at any time by a Circuit Court of Appeals or the U.S. Supreme Court. Maximilian Law Inc. strongly advises anybody looking to apply for adjustment of status to submit their applications as soon as possible. Email us if you are interested in applying for a marriage green card or employment green card.