Final public charge rule

[Lemonslice 4,922]

15 minutes ago, cyclone27 said:

Not a new law it’s enforcing the existing law. 

 

Why wouldn’t someone support not giving govt assistance to those who do not qualify?

It's my understanding that USC using these programs would disqualify the immigrant(s) in the family.  

[Khevinox 11]

Hey Jackson, recently approved I-130 petition for relative (Spouse) ?

[Mrsjackson 300]

57 minutes ago, Khevinox said:

Hey Jackson, recently approved I-130 petition for relative (Spouse) ?

You’re fine. This pertains to people in the US applying for permanent residency and those outside the US as well. 

[VALU 55]

19 minutes ago, Mrsjackson said:

You’re fine. This pertains to people in the US applying for permanent residency and those outside the US as well. 

So spouses of USA citizens applying for a greencard will be scrutinized more than before, right? Cos I feel this enforcement has been in effect with pass approvals of spousal greencard/visa. What exactly is new?

[Letspaintcookies 2,310]

Not sure how to understand that sentence:

"The regulation also excludes benefits for individuals in the U.S. armed forces, as well as their spouses and children."

 

Is there a problem using those benefits or not?

[Crazy Cat 41,985]

26 minutes ago, Letspaintcookies said:

Not sure how to understand that sentence:

"The regulation also excludes benefits for individuals in the U.S. armed forces, as well as their spouses and children."

 

Is there a problem using those benefits or not?

It means benefits to spouses and children of individuals in the US military will not be considered in "public charge" consideration......there will not be a problem using those benefits.

[SunflowerSweet 1,321]

I'd like to have more time to read the specifics, but I currently do not. I'm curious if this applies to different state-sponsored benefits or just the national ones. I was enrolled in my state's medicaid program for some time while my husband was adjusting from his K-1. It looks like this wont go start for another 60 days, and we should have his 10 year green card by then, so I don't know if it will impact us even then. May cause an issue with citizenship, maybe? 

[kline19 102]

I have read the proposed specifics of the rule. It introduces a "totality of circumstances" where an affidavit of support will no longer be enough for an immigrant applying for LPR. It gives the federal govt. agents wide discretion to judge a potential LPR application based on factors such as health, age, finances, education etc. But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits. In other words, the fed. govt. will be deciding cases based on its uncontested and unknowable powers of clairvoyance.

The rule left out scholarships and funded TAships granted to foreign students under its ambit without conceding the point that those funded opportunities (majority of PHDs produced at US universities are fully funded) are considered some kind of public assistance and hence can be subject to public charge rule in the future. 

 

[Crazy Cat 41,985]

2 minutes ago, kline19 said:

But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits

How is that different from current discretion allowed by consulate officers?

[VALU 55]

2 minutes ago, kline19 said:

I have read the proposed specifics of the rule. It introduces a "totality of circumstances" where an affidavit of support will no longer be enough for an immigrant applying for LPR. It gives the federal govt. agents wide discretion to judge a potential LPR application based on factors such as health, age, finances, education etc. But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits. In other words, the fed. govt. will be deciding cases based on its uncontested and unknowable powers of clairvoyance.

The rule left out scholarships and funded TAships granted to foreign students under its ambit without conceding the point that those funded opportunities (majority of PHDs produced at US universities are fully funded) are considered some kind of public assistance and hence can be subject to public charge rule in the future. 

 

I thought "LPR application based on factors such as health, age..." was already a factor in approving greencards, especially for spousal greencard application.s

[kline19 102]

My understanding is that in practice right now the affidavit of support was considered sufficient for I-130 applications, e.g., a USC sponsoring his parents for a GC. The totality of circumstances introduces a metric and explicitly says that the affidavit of support is going to be just one of several factors that would be solely determined by the officer/agent and it would be upto him/her to decide based on all those factors whether a person is inadmissible to usa. 

[geowrian 22,337]

9 minutes ago, kline19 said:

I have read the proposed specifics of the rule. It introduces a "totality of circumstances" where an affidavit of support will no longer be enough for an immigrant applying for LPR. It gives the federal govt. agents wide discretion to judge a potential LPR application based on factors such as health, age, finances, education etc. But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits. In other words, the fed. govt. will be deciding cases based on its uncontested and unknowable powers of clairvoyance.

How is this different than what was the case before? There's no change there...the only change I've seen are the guidelines for inclusion of certain additional negative factors (mainly regarding a broader use of public benefits).

 

5 minutes ago, VALU said:

I thought "LPR application based on factors such as health, age..." was already a factor in approving greencards, especially for spousal greencard application.s

It is: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

4 minutes ago, kline19 said:

My understanding is that in practice right now the affidavit of support was considered sufficient for I-130 applications, e.g., a USC sponsoring his parents for a GC. The totality of circumstances introduces a metric and explicitly says that the affidavit of support is going to be just one of several factors that would be solely determined by the officer/agent and it would be upto him/her to decide based on all those factors whether a person is inadmissible to usa. 

An I-864 has nothing to do with the I-130.

 

"Totality of circumstances" has been there for ages. I can only find the links back to 2009 offhand (since they have changed over the years), but it's been there for at least decades longer.

Edited August 12, 2019 by geowrian

[Nitas_man 3,100]

1 hour ago, Letspaintcookies said:

Not sure how to understand that sentence:

"The regulation also excludes benefits for individuals in the U.S. armed forces, as well as their spouses and children."

 

Is there a problem using those benefits or not?

No, and they should be excluded from this rule.

[Crazy Cat 41,985]

4 minutes ago, kline19 said:

The totality of circumstances introduces a metric and explicitly says that the affidavit of support is going to be just one of several factors that would be solely determined by the officer/agent and it would be upto him/her to decide based on all those factors whether a person is inadmissible to usa. 

That is no different from how the public charge determination has been made in the past

Edited August 12, 2019 by missileman

[jasonlzak 173]

Pending applications before the effective date won't be subjected to this rule, but this is basically still the same with the current rule, they just added more clarifications on it.