All F2B Updates in this Thread

[xavier2014 21]

3 hours ago, zaback21 said:

I wonder if one now needs to file Form I-944 http://lallegal.com/wp-content/uploads/2018/10/I944-FRM-PubCharge-60Day-09262018.pdf

 

Proving 250% of FEDERAL POVERTY GUIDELINES or $24.980 per applicant can be quite hard. Wonder how much will that be considered when it comes to granting Green Card. 

Insufficient financial resources. Even if an applicant has never used government benefits in the past and meets all of the above criteria to demonstrate low likelihood of using benefits in the future, they could still be blocked by an entirely new requirement: personal financial resources. DHS plans to require a new form called the “Declaration of Self-Sufficiency” (Form I-944) to accompany most applications for green cards and temporary visas. This form would collect information intended to help immigration officers determine whether the applicant is a “public charge” under the new, more expansive criteria outlined above.

This new form is not to be confused with the “Affidavit of Support” (Form I-864), which Congress has mandated since 1996 to demonstrate the financial resources of the person sponsoring the applicant for a green card or other visa. Until now, immigration officers have typically given great deference to an Affidavit of Support showing that the sponsor has an income (or asset equivalent) of at least 125% of the Federal Poverty Guidelines, since this is a statutory threshold indicating that the visa applicant will have sufficient financial resources to avoid becoming dependent on government benefits.

Under the new policy, however, DHS plans to impose similar financial requirements on the applicant, not just the sponsor. It appears that at a minimum, applicants will have to demonstrate household income (or asset equivalent) of at least 125% of the Federal Poverty Guidelines. But in addition, DHS would set an entirely new and higher household income threshold at 250% of the poverty guidelines, establishing this much higher hurdle as a “heavily weighted positive factor.”

This could mean that, to safely avoid denial on public-charge grounds, an applicant would need to show annual household income of $41,150 (for a couple with no children) on up to $73,550 (for a family of five) or higher.

• DHS could begin denying up to nearly half of all marriage green card applicants, each year forcing nearly 200,000 couples to either leave the United States together or live apart indefinitely. (Source: Boundless Immigration)
• Some 56% of all family-based green card applicants could be denied under the public charge rule’s unprecedented income requirement — more than the 47% at risk based on prior use of government benefits. (Source: Migration Policy Institute)
• Moreover, this new hurdle would have disproportionate effects based on national origin and ethnicity, blocking 71% of applicants from Mexico and Central America, 69% from Africa, and 52% from Asia — but only 36% from Europe, Canada, and Oceania. (Source: Migration Policy Institute)

[xavier2014 21]

This new low will be effective from 15 Oct.

 

Will it effect those who already have petition pending or it will be applicable to those who will apply i-130 after Oct. 15

 

Bit confused

[xavier2014 21]

14 minutes ago, xavier2014 said:

This new low will be effective from 15 Oct.

 

Will it effect those who already have petition pending or it will be applicable to those who will apply i-130 after Oct. 15

 

Bit confused

Ok I got the answer, it wont effect those applied before 15 Oct. if i understand correctly.

This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance.   

 

More details here

 

https://www.uscis.gov/news/news-releases/uscis-announces-final-rule-enforcing-long-standing-public-charge-inadmissibility-law

 

[dannyrocks 33]

16 hours ago, xavier2014 said:

Ok I got the answer, it wont effect those applied before 15 Oct. if i understand correctly.

This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance.   

 

More details here

 

https://www.uscis.gov/news/news-releases/uscis-announces-final-rule-enforcing-long-standing-public-charge-inadmissibility-law

 

so that means we don't have to worry about the new rule since we already filed and most of US have our cases with NVC

[dannyrocks 33]

I really don't know why the visa bulletin is not out yet

[zaback21 29]

2 hours ago, dannyrocks said:

so that means we don't have to worry about the new rule since we already filed and most of US have our cases with NVC

 

I think so and I hope that's what pending means. It also says only petition postmarked after 15 Oct will have go through the new rule. But once a new rule is applied, old petition will indirectly be scrutinised even if old Public Charge rule is applied cos after all case officers are human and they will be influenced none the less. Which already happened as visa denial has gone 11X since Jan 2018. I can only imagine what future will be. Only thing we won't have to submit is I-944 form. But these can all change if things changes after 2020.    

 

1 hour ago, dannyrocks said:

I really don't know why the visa bulletin is not out yet

Well sometimes it is only published during the month + Sep is the last month of this fiscal year (hence maybe taking longer) so whatever they put will be used to make up the visa numbers of this year. Hence, if Sept stays the same or goes down, it can be quite encouraging as from Oct when more visas will be available, it can be expected the priority date will go down more or stay at the same difference. Lets hope that's the case.

[dannyrocks 33]

5 minutes ago, zaback21 said:

 

I think so and I hope that's what pending means. It also says only petition postmarked after 15 Oct will have go through the new rule. But once a new rule is applied, old petition will indirectly be scrutinised even if old Public Charge rule is applied cos after all case officers are human and they will be influenced none the less. Which already happened as visa denial has gone 11X since Jan 2018. I can only imagine what future will be. Only thing we won't have to submit is I-944 form. But these can all change if things changes after 2020.    

 

Well sometimes it is only published during the month + Sep is the last month of this fiscal year (hence maybe taking longer) so whatever they put will be used to make up the visa numbers of this year. Hence, if Sept stays the same or goes down, it can be quite encouraging as from Oct when more visas will be available, it can be expected the priority date will go down more or stay at the same difference. Lets hope that's the case.

What will be the requirements for we Living outside the United States when we go for interview under the new rule?? 

Or which documents will be sufficient pass the interview?? 

[zaback21 29]

13 minutes ago, dannyrocks said:

What will be the requirements for we Living outside the United States when we go for interview under the new rule?? 

Or which documents will be sufficient pass the interview?? 

We will still be required to submit the usual DS-260 + I-864. So, nothing changes for us. 

 

People after 15 Oct will be required to submit DS-260 + I-864 + I-944.

 

I-944 can be huge. One may need to submit educational documents, work experience documents, financial documents and there can be no end to how much is required. If one is bringing old parents or young kids, then it is a negative factor and hence 250% of Federal Poverty Guidelines which amounts to over $31K as of 2019 will be required by applicant not sponsors. Sponsors will still be required to show 125% on I-864 as usual.  

Edited August 15, 2019 by zaback21

[dannyrocks 33]

9 minutes ago, zaback21 said:

We will still be required to submit the usual DS-260 + I-864. So, nothing changes for us. 

 

People after 15 Oct will be required to submit DS-260 + I-864 + I-944.

 

I-944 can be huge. One may need to submit educational documents, work experience documents, financial documents and there can be no end to how much is required. If one is bringing old parents or young kids, then it is a negative factor an hence 250% of Federal Poverty Guidelines which amounts to over $31K as of 2019 will be required by applicant not sponsors. Sponsors will still be required to show 125% on I-864 as usual.  

that means we are safe 🙏..    Cause 1-944 Might be a huge obstacle  for those who are gonna File a petition after Oct 15.  But this is totally unfair and not what the United States stands for

[dannyrocks 33]

I read that a lot of states are now sueing the trump administration to stop the new rule

[dannyrocks 33]

September 2019 visa bulletin is out 

1st chart moved by 5month to June 2014 , while the 2nd moved by 1month . Just 3 month separating 1st and 2nd chart.. I really thought the 2nd cHart would move forward to 2015

[Rizwan ullah 12]

September vb is out now

f2b . 1st chart is moved to June 2014

but 2nd chart is moved only 1 month 

[Rizwan ullah 12]

2 minutes ago, dannyrocks said:

September 2019 visa bulletin is out 

1st chart moved by 5month to June 2014 , while the 2nd moved by 1month . Just 3 month separating 1st and 2nd chart.. I really thought the 2nd cHart would move forward to 2015

Yes 

diff should be 7 to 8 months but 

[dannyrocks 33]

13 minutes ago, Rizwan ullah said:

Yes 

diff should be 7 to 8 months but 

It remains 8-9 months for my PD to be current on 1st chart

[Aquarius1 8]

1 hour ago, dannyrocks said:

It remains 8-9 months for my PD to be current on 1st chart

MashaAllah, ohhh wowww

My priority date 23rd October, 2014 , I am very closed now. Alhamdulillah. Thanks. Chart 1 is going awesome now before chart 2 was going awesome.