Green card question?

I petitioned (CR1) for my spouse who lives overseas back on December 15, 2018 & his interview was going to take place on March 1, 2020, but because of the pandemic & because he had to fly to the neighboring country to attend his interview, the borders closed so he didn't get to his interview the whole year. Now that he has a new interview date (at end of March) & we have a new president, I wanted to know what happened to that DS-5540 (public charge questionnaire) because 1st it became mandatory in 2020, then mid-year, I think it was canceled, then people said it should be still filled out & assets shown for his interview depending when the petition was filled and not when his interview is, so this is really confusing now. Have your clients been asked for DS-5540 at the consulates/embassies this year? I can't find info on this online. Is my spouse required to show his own assets with that DS-5540 form based on our petition date or the law as of now in March?

Politically Correct2021-03-01T15:36:05Z

Favorite Answer

All immigrant visa applicants (that is, people applying for U.S. residence through an overseas consulate) were required to fill out a form new as of 2020, the Form DS‑5540, Public Charge Questionnaire. However. use of this form was blocked by a U.S. federal court in 2020. Take a look at the link below.  It says you should not fill it out unless requested to do so.