The Public Charge Rule is effective nationwide in the U.S. from February 24, 2020 onwards. The Final Rule, as initially published on Aug 14, 2019, was to become effective on Oct. 15, 2019. Multiple lawsuits ensued and there was a nationwide injunction preventing the Trump administration from enforcing the Rule. With the U.S. Supreme Court recent reversing the nationwide ban, the USCIS and the U.S. Department of State have started enforcement of the Rule.

Effective from February 24, 2020 the USCIS will accept only the version of Form I-864 dated October 15, 2019. To verify that one is using the current version of the form, one must review the bottom left of the form next to the form number. 

Additionally, the U.S. Department of State has implemented a new Public Charge Questionnaire Form DS-5540 for the issuance of immigrant visas at U.S. consular posts worldwide. The DOS has updated the Foreign Affairs Manual (FAM) with instructions to help consular officers make public charge determinations.

On or after February 24, 2020, all immigrant visa applicants must complete the new Form DS-5540 prior to appearing for the immigrant visa interview.

Additionally, consular officers may, at their discretion, request certain non-immigrant visa applicants also to provide additional information, if the consular officer believes that information is required regarding the applicant’s financial resources in order to overcome the visa applicant’s possible ineligibility based on public charge grounds.