Final public charge rule

[Just Paul 4,595]

If you have a NOA2 you are fine. 

[Ptitchou 117]

1 hour ago, Boketto said:

If an application is pending before the rule comes into effect in mid October, it means it has been accepted (not approved) before the rule is effective. So its adjudication would not be affected. If the rule does come into effect in 60 days, then it means any application accepted by USCIS after a date around mid October would fall under its coverage. 

We've only just received the NOA1 for our i-130 petition. I'm trying to figure out if i-130s are included in the "petitions already pending" before October or if it's only for the DS-260 application phase. We're applying from outside the US, so no i-485. 

[RCable 75]

14 minutes ago, Paul & Mary said:

If you have a NOA2 you are fine. 

Only NOA1.

 

I think I’m good as a the sponsor. My income is good, I don’t have a ton of debt, and my credit history is spotless (the score could use some work though). 

 

But my husband just went on EI (employment insurance) in Canada after being laid off. He’s never not had a job before and has never used government assistance. It figures that the timing would work out like this with our luck. 

 

I’ve got a lot of reading to do, I’m just worried that new circumstances are going to affect our petition and then his application. 

[Soul Mates 44]

"Form I-944 is completed by the intending immigrant, i.e., applicant for adjustment of status, and requests information on the relevant factors as established by section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4), and the final rule, which are distinct from the requirements of the affidavit of support."

 

"List below all federal tax returns you and your household members listed in Part 2. above have filed within the last three years and attach a copy of the IRS transcripts as provided in the Instructions. If you did not reside in the United States for the given year, and you were not required to file a federal individual income tax return with the United States government, attach your foreign tax return for that year. If you were listed as a dependent on someone else's tax return, provide that person's tax return(s), in addition to your own."

 

What a mess.

[Ptitchou 117]

35 minutes ago, Ptitchou said:

We've only just received the NOA1 for our i-130 petition. I'm trying to figure out if i-130s are included in the "petitions already pending" before October or if it's only for the DS-260 application phase. We're applying from outside the US, so no i-485. 

Answering my own question here: apparently the new rules have been in place for consular processing since Jan 2018. The new DHS rules only apply to people applying from within the US. If you're applying from outside, you're already subject to this, though I don't think you get the i-944.

 

https://www.boundless.com/blog/public-charge-rule-state-department-foreign-affairs-manual/

[geowrian 22,337]

2 minutes ago, Ptitchou said:

Answering my own question here: apparently the new rules have been in place for consular processing since Jan 2018. The new DHS rules only apply to people applying from within the US. If you're applying from outside, you're already subject to this, though I don't think you get the i-944.

 

https://www.boundless.com/blog/public-charge-rule-state-department-foreign-affairs-manual/

That was a different (policy) change with DOS. They did appear to become more strict, but the specifics are different than this rule change.

[DesiJase 52]

I'm not understanding the credit aspect. Are they checking the USC's credit or the immigrating spouse? 

 

Really hoping they adjust that 250%. 

[Cilllah 476]

10 minutes ago, Ptitchou said:

Answering my own question here: apparently the new rules have been in place for consular processing since Jan 2018. The new DHS rules only apply to people applying from within the US. If you're applying from outside, you're already subject to this, though I don't think you get the i-944.

 

https://www.boundless.com/blog/public-charge-rule-state-department-foreign-affairs-manual/

Oh. I thought it was just my partner (USC) finances that were taken into account. I haven't worked for the last two years as I have been raising our child on my own and going to university full time (almost finished) which I am pretty proud of but also now I wonder if our K1 visa will be rejected due to my work history gap and the fact that I receive a government payment.

[malenonimmigrant 10]

9 hours ago, Mrsjackson said:

No. This will not impact anyone who is already a permanent resident. 

I'm currently still waiting on the removal of conditions (I-797) on my conditional green card. It's been a year since I submitted my removal of conditions application so I should be hearing back soon before this rule goes into effect in October. Will I be fine? Furthermore, will this affect people looking to naturalize for US citizenship down the line? Can they apply the public charge rule against people to file their naturalization application for citizenship?

[Hank_ 9,174]

15 hours ago, Greekwife said:

Well the most surprising though is the reaction of some of those who became LPR.

They find Trump’s new law awesome......

( speechless 😶 )

It isn't a new law .. it is an old law, that is going to be enforced more stringently 

[Hank_ 9,174]

7 hours ago, Karim2018 said:

That's "old news" m8. I'm sure those limits will soon at least double lol.

 

No that is the current listed poverty guidelines ...  and yes it does change as the COL changes.

[MovingToFlorida 71]

19 hours ago, Greekwife said:

Dear VJ pals,

 

I just read this : https://news.yahoo.com/u-rule-could-disqualify-half-132117622.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmdyLw&guce_referrer_sig=AQAAAKJzxYsSO3Ip7mfWy-BfUTGyCN58wBSn9ef-qxTZ99KN5IlWfH2e1LlZVMLlnyeZiIOSVLcY5jiH2QTno_HMxkf_1jWQK-jS9PTyGYS4WqhquJRl1S94Sx9sV23YuCkg--U1iUaEyhO2abTAmG2JzMEbAUaTgnVu1W71bk6x7DtC

I read this article but I see now its from May. But there is a chart showing some visas being completely just down such as "Children of US citizens older than 21" which is our visa. We are F3. Anyone know anything about this?

 

https://www.vox.com/recode/2019/5/17/18629466/president-trump-new-proposal-immigration-h1b-tech-build-america

 

Also I read on another article that a family of 4 that makes $64,000 a yr is not likely to be considered a charge. 

[Nitas_man 3,100]

6 hours ago, Karim2018 said:

Thank you. we're both pretty "green", so I was hoping some of the more seasoned guys/gals here can confirm that this new rule doesn't apply to an approved CR-1 petition on its way to NVC. Cheers!

The rules were finalized a couple of days ago and wont kick in for a couple of months.

Everyone’s green on this issue.

[Nitas_man 3,100]

6 hours ago, ~Alessa~ said:

I don't see Trump changing anything about medical insurance accessibility, he wants to cancel Obamacare, then what? Would medical insurance prices go down?Would Obamacare considered as a public charge?

 

Right now if the policy premiums are supplemented it looks like obamacare is  not falling under public charge however it is heavily weighted positive to have non-subsidized health insurance.

Edited August 13, 2019 by Nitas_man

[Unlockable 7,314]

Geez,

 

Every where on the internet I go it is like the sky is falling from this. People do not understand that the "public charge" has already been in existence. This is not a new law, it is not a new visa, it is an amendment to an already existing rule.

 

For the most part, nothing I have seen has been outrageous. Although, I'm not a fan of the credit score thing.

 

We can sit here and panic or we can learn of these changes and prepare. I don't see this impacting many cases. If anything this may help people ensure they are financially stable prior to petitioning someone.

 

10 hours ago, Heather&Miguel said:

Okay. I understand the "not using public benefits"portion of all of this. I agree with that as it's our job as sponsors to take care of our beneficiaries. My fiance won't even receive his K1 visa until Oct/Nov and by the time we marry and apply for his green card, we may not get it, according to these new regulations. The credit checks and 250% over poverty level is too much. This excludes (and I'm sure on purpose) those coming here from poorer countries, who also have lower income families that are supporting them. I make enough to support both of us until he can start working legally but not at 250%! This reeks of not only racism but of class-ism as well.

I was with you up until the end. I don't see it as racism nor classism. If the government wants to ensure that people are not brought here then left for the government to provide for them, then it can implement these measures. I don't know how long you have been on here but we have seen many of past members who obviously were not in financial situations to be bringing people over to the US, at least for the time being. I don't watch the show anymore but I can even name a couple cases on 90 Day Fiance where the US citizen was in bad living conditions. The new rule is for everyone, not for certain class or race of people. There have been plenty of people from countries like the UK and Australia that have been denied for the same reason.