Final public charge rule

[geowrian 22,337]

37 minutes ago, Boketto said:

Exactly it simply creates more chaos based on assumptions. Why not just simply issue a blanket rule where everything is the same as before in regard to admission and adjustment, but if the immigrant uses benefits at any time before they become a citizen - then the immigrant must make a detailed yearly declaration on what benefit and how much they received. The total amount of benefits cannot exceed a certain amount and if you are ever found to be lying on your reports then you’re immediately deportable. Then just enter those numbers into a database and run comparative checks with government data regularly.

Part of it is that it is very complicated...not a simple "use over $x and you're done". Certain benefits are available to LPR - some before 5 years, some after 5 years, some after working 10 years, etc. The rules by state vary as well. And then by circumstances (i.e. pregnancy/maternity, children, etc.).

 

Then what happens when somebody is at the limit they can use? They just don't eat? They don't get medical care? They get deported?

 

There's 2 ways to address the main public charge issue (ignoring NIVs for now as that is likely a minority of cases): either before they become an LPR or afterwards. This rule addresses the former. Actual enforcement of the I-864 would help address the latter.

And option 3 is to not address the public charge as an issue...an option for a society but not one I believe is widely supported at this time.

[WaterLeaf 201]

On 8/14/2019 at 11:52 AM, Allaboutwaiting said:

 

 Favorable Determination of Admissibility

Maybe I guess someone can have fun taking guesses for me.

Me - USC, F, married to Husband, 30, arrived on K1 Visa and currently applying on AOS with NOA1 in mail Today.
Me - making 38k USD a year working full time with a certification degree/no AS/BA Degree but ongoing education with free materials whenever.. No debt. Both of us have no current/ongoing medical condition and I'm not preg if that count.
I had not taken any public benefits over the past more than 5 years, I don't remember anymore after that. I have good/excellent credit score, my husband have none. I have him on my ACA Health Insurance.

I also filled out the Affidavit of Support. My husband is a coder/programmer, so he'll likely land into IT job close by where I live and he'll have a vehicle ready with DL when the time has come.

Anything else I'm missing?

[yuna628 9,687]

3 minutes ago, WaterLeaf said:

Maybe I guess someone can have fun taking guesses for me.

Me - USC, F, married to Husband, 30, arrived on K1 Visa and currently applying on AOS with NOA1 in mail Today.
Me - making 38k USD a year working full time with a certification degree/no AS/BA Degree but ongoing education with free materials whenever.. No debt. Both of us have no current/ongoing medical condition and I'm not preg if that count.
I had not taken any public benefits over the past more than 5 years, I don't remember anymore after that. I have good/excellent credit score, my husband have none. I have him on my ACA Health Insurance.

I also filled out the Affidavit of Support. My husband is a coder/programmer, so he'll likely land into IT job close by where I live and he'll have a vehicle ready with DL when the time has come.

Anything else I'm missing?

I don't anticipate you having any problems whatsoever. On the plus side you've gotten your application in before the rules take effect so the new stuff doesn't apply anyway. Good luck to both of you.

[WaterLeaf 201]

On 8/14/2019 at 10:39 PM, Hemutian said:

So immigrants who arrive at AOS via the K1 route don't need to fill out Form I-944? Is this a fact? Is this stated in the 800 page guidelines?

I've not seen that anywhere and I didn't have that filled out and submitted.

[Crazy Cat 41,985]

15 minutes ago, WaterLeaf said:

I've not seen that anywhere and I didn't have that filled out and submitted.

I haven't fully researched it, I just found this:

https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-17142.pdf

 

Page 188

 

 

Edited August 16, 2019 by missileman

[WaterLeaf 201]

1 minute ago, missileman said:

I haven't fully researched it, I just found this:

https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-17142.pdf

 

Page 188

 

Interesting... so I was supposed to fill this out? If so, it should be mentioned to the AOS filer threads too...

[geowrian 22,337]

Note that the rule is not effective yet. There's a little under 60 days before anything goes into effect, so there is nothing new for anybody to fill out yet.

[Crazy Cat 41,985]

Just now, WaterLeaf said:

Interesting... so I was supposed to fill this out? If so, it should be mentioned to the AOS filer threads too...

The new rule isn't in effect yet.......starts mid October....

[fascinating123 38]

I'm curious as to whether this will impact my wife's ability to sponsor her mother (who currently lives with us as she waits for her asylum case). My mother-in-law hasn't worked since college and is in her late 50s. Our household income is over $100k and no one in our household has used any kind of state welfare programs ever. My wife is waiting to attend her oath ceremony which according to the website is set for sometime in October. It would certainly suck if they determined she was a risk for being a public charge and wouldn't let her have LPR status.

 

As for the policy as a whole, I'm personally against all of the welfare programs and wish none of them existed. So I'm not morally opposed to preventing immigrants from using them, I just wish citizens were prevented from using them as well.

[Crazy Cat 41,985]

4 minutes ago, fascinating123 said:

I'm curious as to whether this will impact my wife's ability to sponsor her mother (who currently lives with us as she waits for her asylum case). My mother-in-law hasn't worked since college and is in her late 50s. Our household income is over $100k and no one in our household has used any kind of state welfare programs ever. My wife is waiting to attend her oath ceremony which according to the website is set for sometime in October. It would certainly suck if they determined she was a risk for being a public charge and wouldn't let her have LPR status.

 

As for the policy as a whole, I'm personally against all of the welfare programs and wish none of them existed. So I'm not morally opposed to preventing immigrants from using them, I just wish citizens were prevented from using them as well.

Public charge does not apply to those applying for asylum.......https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-17142.pdf  search for "asylee"

[fascinating123 38]

2 minutes ago, missileman said:

Public charge does not apply to those applying for asylum.......https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-17142.pdf  search for "asylee"

Right, but when my wife gets her citizenship in a few months, the plan is to apply for LPR status for my mother-in-law (thus no longer making her an asylee).

[Crazy Cat 41,985]

6 minutes ago, fascinating123 said:

Right, but when my wife gets her citizenship in a few months, the plan is to apply for LPR status for my mother-in-law (thus no longer making her an asylee).

This is in the new rule.  Does it apply in your case?  I defer to the experts........

 

Edited August 16, 2019 by missileman

[geowrian 22,337]

1 minute ago, missileman said:

This is in the new rule.  Does it apply in your case?  I defer to the experts........

 

If the AOS is filed based on being an IR of a USC, then yes it will apply.

If it is filed based on being granted asylum and living in the US for 1+ year, then no.

[Crazy Cat 41,985]

Just now, geowrian said:

If the AOS is filed based on being an IR of a USC, then yes it will apply.

If it is filed based on being granted asylum and living in the US for 1+ year, then no.

Thanks.....That makes sense.......

[fascinating123 38]

1 minute ago, geowrian said:

If the AOS is filed based on being an IR of a USC, then yes it will apply.

If it is filed based on being granted asylum and living in the US for 1+ year, then no.

Yes, it's not a question to me whether or not the new rule applies, but rather whether the new rule would result in the application being denied. I wasn't necessarily looking for a concrete answer (since I don't believe any of us know how the rule will be enforced at the moment), more wondering out loud.