Final public charge rule

[Allaboutwaiting 2,503]

1 minute ago, missileman said:

Does this ALL applicants....or just certain ones?

From what I understood, it would be those deemed as more likely to become a public charge, not ALL applicants. So, again, from my understanding, it would add another "stage".

So -mind you I'm speculating- besides an RFE, now people could be issued a "We believe you'd become public charge", and then the applicants would need to file more forms and pay the associated fees. 

[geowrian 22,337]

5 minutes ago, missileman said:

Does this ALL applicants....or just certain ones?

Not all AOS applicants are subject to public charge inadmissability. Notably, employment-based, VAWA, etc. do not need an I-864.

[Crazy Cat 41,745]

Just now, geowrian said:

Not all AOS applicants are subject to public charge inadmissability. Notably, employment-based, VAWA, etc. do not need an I-864.

Oh....OK....didn't consider that.....thanks..

[Allaboutwaiting 2,503]

12 minutes ago, geowrian said:

Not all AOS applicants are subject to public charge inadmissability. Notably, employment-based, VAWA, etc. do not need an I-864.

"The proposed rule would impose new costs on the population seeking extension of stay or change of status using Form I-129, Form I-129CW, or Form I-539. For any of these forms, USCIS officers would then be able to exercise discretion in determining whether it would be necessary to issue a request for evidence (RFE) requesting the applicant to submit Form I-944."

 

Edited August 13, 2019 by Allaboutwaiting

[geowrian 22,337]

3 minutes ago, Allaboutwaiting said:

"The proposed rule would impose new costs on the population seeking extension of stay or change of status using Form I-129, Form I-129CW, or Form I-539. For any of these forms, USCIS officers would then be able to exercise discretion in determining whether it would be necessary to issue a request for evidence (RFE) requesting the applicant to submit Form I-944."

Bingo - specifics always matter. 👍 I was just referring to some example situations where the requirements are different (since the vast majority of cases on here appear to be family-based).

[Allaboutwaiting 2,503]

4 minutes ago, geowrian said:

Bingo - specifics always matter. 👍 I was just referring to some example situations where the requirements are different (since the vast majority of cases on here appear to be family-based).

Family based applicants will be required to file an I-944 if deemed necessary.

Edited August 13, 2019 by Allaboutwaiting

[beloved_dingo 1,976]

1 hour ago, yuna628 said:

 I'd like to see the K1 - AOS process more streamlined or combined. But ultimately with the extreme delay waiting around for an EAD or the green card is a problem. It was also eye-opening to see how many employers just didn't know what an EAD was or didn't want to hire because there was an EAD instead of a green card.

 

Also... if obtaining health insurance is now going to be considered a weighty factor, you have seen the posts from couples on this forum (almost nearly daily) that weren't aware about getting an SSN, got it too late, or the SSA somehow screwed the pooch on that process, and then their company HR or the insurance employee won't sign them up because they don't understand the rules and now it's too late for open or special enrollment. I'm sure the government isn't thinking about that little hiccup though. If there was a lot of red tape cut down and streamlined processes, I think some things would ease the burden.

My husband and I are in this exact situation. Due to various circumstances and my husband's lack of SSN (even though we tried repeatedly), I can't add him to my insurance with my employer until open enrollment. To add to that, it will cost me over $500/month to have him on my insurance - a huge burden if he is not yet able to legally work.

[Eric The Wait 40]

I did some research on the rule. Would welcome comment. Please tell me the following analysis is wrong. I am floating this based on what I researched.

My wife immigrated her in 2016. Applied for 10 year green card Jan 2019. So, we're waiting for ROC and 10 year Green card. My wife doesn't work. She retired in Japn before immigrating here. 

I respectfully assert it is wrong to think any single item means they are in or out under the new Public Charge Rule. Rather, USCIS has discretion to grant the requested benefit or send our loved ones to deportation proceedings if they think a person is now a public charge, OR LIKELY TO BECOME A PUBLIC CHARGE IN THE FUTURE. 

Factors will be weighed. Good and bad. If immigrant or USC used public benefits after immigrant arrived, that's a big time negatively weighed factor. If the family's finances are much improved since the immigrant first arrived, that may be enough to overcome the negative factor. You won't know for sure until you get green card or notice to appear for deportation.  

Family income of less than 125% of poverty level is a big negative factor in determing if immigrant will be a public charge. Present family income over 250% of poverty level is a huge POSITIVE weight and might overcome some earlier negatively weighed stuff.

Some say that the public charge rule only applies to initial applications and AOS type stull and application for first green card. I am unsure about this. It seems like public charge may be an issue for everyone, even at ROC or Citizenship stage because the new rule asks USCIS officers to look at our family situations and determine if immigrrant is likely to be public charge IN THE FUTURE.

In any event, to make that "in the future" determination, they look at the TOTALITY OF THE CIRCUMSTANCES. So, one thing won't definitely sink your application, nor will one thing definitively save it.

To show how extensive this new scrutiny will be, they will look at credit reports of immigrant (many are gonna say this is BS but I read 400 plus pages of the proposed rule and credit report is now something USCIS will look at, it's in there) how well the person speaks English (that's assumed to make one more employable), who is working in the household and if someone isn't, why not? Education and skills are a factor. They will want to know what the immigrant has the capacity to do. Private health insurance is a huge deal now. If immigrant, green card holder ROC applicant, doesn't have private health insurance I think that is a massively huge negative factor. Age is going to be a factor. Combine age for us older folks with no health insurance...big big negatives.

So, thinking you're good or screwed based on one factor is absolutely the wrong way to look at this. I think you need to assess your entire situation, stick yourself in USCIS's shoes, and ask: "How does this look?" "What positive factors can I get in place now." "What negative factors can I put behind us?" 

Remember, USCIS is specifically charged with doing some beauracratic soothsaying and asking: "Is this immigrant likely to be a public charge IN THE FUTURE?" If you meet the 125% income line and never accepted public benefits, but immigrant has a serious medical condition and doesn't have private health insurance---perhaps that's a denial waiting to happen, unless the household income is really massive and/or there is a lot of money in the bank. 

Look at the whole circumstance. I think we all need to get rid of the notion that we can just run some income numbers and think all is well, or think that because the immigrant ever got a public ebenfit all is lost. Would be nice to have certainty, but the hallmark of the public charge rule is that USCIS has discretion to look at everything, make projection into the future, and your fate now rests, to some extent, on many factors and a calculus that USCIS will employ, case by case.

Certainty has left the building.

If I am wrong, being alarmist or just an idiot, please blast away. This is not an ego contest and I am willing to be told I'm totally ignorant of the new rule and I should be quiet. Really, part of me wants to be proven wrong. So, blast away...

And sorry this is so long. But I wanted to cover the subject as I understand it.

[Allaboutwaiting 2,503]

@Eric The Wait Based on what I've read, the rule applies to: Applicants for Admission, Extension of Stay and Change of Status Applicants and Adjustment of Status Applicants.

Edited August 13, 2019 by Allaboutwaiting

[geowrian 22,337]

14 minutes ago, Eric The Wait said:

Some say that the public charge rule only applies to initial applications and AOS type stull and application for first green card. I am unsure about this. It seems like public charge may be an issue for everyone, even at ROC or Citizenship stage because the new rule asks USCIS officers to look at our family situations and determine if immigrrant is likely to be public charge IN THE FUTURE.

I agree with the general summary/recap that you provided. It's just the above section I disagree with...

 

The public charge issue is not assessed for ROC or citizenship. Yes, they can review the immigrant's history to determine if they were inadmissible previously and therefore granted LPR status improperly. But that isn't a matter of looking at current rules to re-evaluate past cases...its mostly designed for things like where one lied to obtain benefits for which they were not entitled.

[Eric The Wait 40]

27 minutes ago, geowrian said:

I agree with the general summary/recap that you provided. It's just the above section I disagree with...

 

The public charge issue is not assessed for ROC or citizenship. Yes, they can review the immigrant's history to determine if they were inadmissible previously and therefore granted LPR status improperly. But that isn't a matter of looking at current rules to re-evaluate past cases...its mostly designed for things like where one lied to obtain benefits for which they were not entitled.

Ahhh, Thanks for helping me understand that. That makes sense. 

[Eric The Wait 40]

43 minutes ago, Allaboutwaiting said:

@Eric The Wait Based on what I've read, the rule applies to: Applicants for Admission, Extension of Stay and Change of Status Applicants and Adjustment of Status Applicants.

Yes. I couldn't wrap my head around how that worked. Geowrian's comment below makes sense and is consistent with what you say here. You guys are surely right on this. 

[danl 3]

God help me~ I just learned about recent USCIS public charge rule and i find myself literately sick to my stomach and in a mood unlike i have had in a long while. I haven't been able to eat anything all day and feels like me and my wife world i caving in. From what i read, this new rule will make visa process 10 times harder.

 

i am a us citizen with dual citizenship that just got married 3 weeks ago to my beautiful wife that i simply adore, we are both so sad about the new rule and what that might mean for us, I planned to file the i130 this coming new year but now have no clue what to even do anymore.

 

If anyone has any advice or more concrete info about what all this means i would greatly appreciate it. I read that any pending petition or applications postdated before the rule comes into effect will not be under the new rules? i dont know what i should do, should i file right away before the rule is implemented and if so my petition wont fall under those new rules? or is it already to late. I dont current meeting the income requirements on the affidavit  because  we are currently living together and not working in the U.S, so i needed a co sponsor, now with all this new requirements it feels like i really am worthless and im headed towards a brick wall. 

 

Any advice would be greatly appreciated

 

thank you and sorry if i seem like a #####, but i feel like such a  letdown to my wife beautiful wife right now.

 

 

[Just Paul 4,595]

12 minutes ago, danl said:

God help me~ I just learned about recent USCIS public charge rule and i find myself literately sick to my stomach and in a mood unlike i have had in a long while. I haven't been able to eat anything all day and feels like me and my wife world i caving in. From what i read, this new rule will make visa process 10 times harder.

 

i am a us citizen with dual citizenship that just got married 3 weeks ago to my beautiful wife that i simply adore, we are both so sad about the new rule and what that might mean for us, I planned to file the i130 this coming new year but now have no clue what to even do anymore.

 

If anyone has any advice or more concrete info about what all this means i would greatly appreciate it. I read that any pending petition or applications postdated before the rule comes into effect will not be under the new rules? i dont know what i should do, should i file right away before the rule is implemented and if so my petition wont fall under those new rules? or is it already to late. I dont current meeting the income requirements on the affidavit  because  we are currently living together and not working in the U.S, so i needed a co sponsor, now with all this new requirements it feels like i really am worthless and im headed towards a brick wall. 

 

Any advice would be greatly appreciated

 

thank you and sorry if i seem like a #####, but i feel like such a  letdown to my wife beautiful wife right now.

 

 

Deep breathe, Notice of proposed rule.  You really shouldn't wait to file an I-130   The process is slow enough as it is.

[Lucky2Lucky 2,526]

8 hours ago, RedroseMT said:

What will be with disabled people? Older people? 

Don’t get me wrong- I don’t think that every Green card application must be approved but they should concentrate more at illegals who “ suck “ a lot of tax payers money by all the benefits they get . 

In reality the “illegals” don’t suck a lot of tax payer money and don’t qualify for all benefits. I work in healthcare and someone undocumented can get emergency Medicaid in my state (for hospitalization) but that’s all- it does not cover outpatient services, medications, doctor visits, etc. they are on their own with those.

 

 

If a US citizen who is disabled or elderly can’t afford to care for themselves why should the US be responsible for caring for the family member that the disabled/elderly person wants to bring in? They don’t have to move here. They choose to. Therefore they should be able to afford costs.

Edited August 13, 2019 by Luckycuds