【2020/10/01】 USCIS 更新了官网，正式重启 Public Charge 新规。如果你在 10/13 前提交 I-485 、但没有提供 I-944 「Declaration of Self-Sufficiency」，USCIS 将会给你发 RFE，要求补充材料；如果你在 10/13 之后提交 I-485（以 USCIS 收到的日期为准），且没有 I-944，USCIS 会直接拒绝你的申请 — 「After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing」[官网] 。延伸阅读：《〔更新〕家庭和职业移民无需再填写 I-944》 。
以后，境内调整身份还需要提交新的表格 Declaration of Self-Sufficiency (Form I-944)，否则 USCIS 有权不发 REF 、直接拒绝申请（「In addition, applicants required to submit Form I-864, Affidavit of Support[…] must generally submit Form I-944 with the Form I-485. Failureto submit each form, where required, may result in a rejection or a denial of the Form I-485 without a prior issuance of a Request for Evidence or Notice of Intent to Deny.」）另外，延期和转换身份等申请，也需要声明自己没有接受过超过 12 个月的政府福利，参见：《B1/B2 旅游签证延期如何填写 I-539 申请表格〔2023 版〕》 。
We will apply the final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after Feb. 24, 2020. We will adjudicate (approve or deny) applications for adjustment of status postmarked (or, if applicable, submitted electronically) before Feb. 24, 2020, under the prior policy, the 1999 Interim Field Guidance. Applications and petitions for extension of stay and change of status postmarked (or, if applicable, submitted electronically) before Feb. 24, 2020, will not be subject to the final rule.
Regardless of whether the application or petition was filed before, on, or after the effective date, DHS will not consider receipt of public benefits excluded from consideration under the 1999 Interim Field Guidance (for example, Supplemental Nutrition Assistance Program and Medicaid) unless such benefits are received on or after Feb. 24, 2020. Aliens applying for adjustment of status do not need to report the receipt, certification or approval to receive, or receipt of previously excluded public benefits before Feb. 24, 2020.
For public benefits that were considered under the 1999 Interim Field Guidance (for example, Supplemental Security Income, General Assistance or Temporary Assistance for Needy Families or institutionalization for long-term care at government expense), DHS will consider the receipt of those benefits before Feb. 24, 2020, as a negative factor in the totality of the applicant’s circumstances but will not consider such receipt a heavily weighted negative factor, regardless of the duration of past receipt.
Those applying for or petitioning for an extension of non-immigrant stay or change of non-immigrant status do not need to report an alien’s receipt of public benefits before Feb. 24, 2020.
新规里没有提到过绿卡更新，应该仅适用于新申请人。维护移民权益的「国家移民法中心」（National Immigration Law Center）在 2018 年 11 月就此事提供了一个 FAQ[来源]，也是如此认为：
Q: I have my green card and need to renew it soon. Can the government deny my renewal application because I am receiving Medicaid, food stamps, or housing assistance?
A: No. The public charge test does not apply when you renew a green card. The renewal application may not be denied based on your use of programs for which you are eligible.
The final rule does not create any penalty or disincentive for past, current or future receipt of public benefits by U.S. citizens or aliens whom Congress has exempted from the public charge ground of inadmissibility.
The final rule does not apply to:
– U.S. citizens, even if the U.S. citizen is related to a noncitizen who is subject to the public charge ground of inadmissibility;