Final public charge rule

[Karim2018 100]

23 minutes 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. 

Interesting you mentioned that. In fact I just pulled out the I-797 letter I've received and it's starts off by saying "The above petition has been approved", with the caveat, of course, that there is no guarantee the visa will be granted. I should mention that I'm referring to a CR1 Petition for my wife. So the way I've read it was that since the petition I've filed is already pending (or approved/accepted) the new rule doesn't apply at the VISA application stage. Assuming all goes well, of course, when the time comes to apply for permanent GC, after 2 years I suppose, the new rule and any subsequent rules will most definitely apply to us

Edited August 13, 2019 by Karim2018

[Boketto 211]

1 minute ago, Karim2018 said:

Interesting you mentioned that. In fact I just pulled out the I-797 letter I've received and it's starts off by saying "The above petition has been approved", with the caveat, of course, that there is no guarantee the visa will be granted. I should mention that I'm referring to a CR1 Petition for my wife. So the way I've read it was that since petition I've filed is already pending (or approved/accepted) the new rule doesn't apply at the VISA application stage. Assuming all goes well, of course, when the time comes to do an AOS the new rule and any subsequent rules will most definitely apply to us

Yes, sorry I didn’t see that you’re at the visa stage. 

[janet3 1,170]

12 minutes ago, Nitas_man said:

The 800+ page final rules document LOL

Happy Reading 👍

The link. If you have it.....I would like to read it (yes, all 10000 pages).....

Thank you! I look forward to it. 😉

[Nitas_man 3,100]

5 minutes ago, janet3 said:

The link. If you have it.....I would like to read it (yes, all 10000 pages).....

Thank you! I look forward to it. 😉

Page 4.

 

I already posted it

[Karim2018 100]

7 minutes ago, janet3 said:

The link. If you have it.....I would like to read it (yes, all 10000 pages).....

Thank you! I look forward to it. 😉

http://cdn.cnn.com/cnn/2019/images/08/12/2019-17142.pdf

[Nitas_man 3,100]

1 minute ago, Karim2018 said:

http://cdn.cnn.com/cnn/2019/images/08/12/2019-17142.pdf

That’s better.  It embedded mine somehow 😡

[jasonlzak 173]

What are the chances for IR-5 visa?

Age: negative factor

Health: negative factor

English: negative factor

Ability to work: negative factor

 

The only thing can help them before is the form I-864, now I-864 is just considered a positive factor and is not enough to cancel out those negative factors.

I thought the Republican is a party of family value.

 

Nice way to cut legal immigration without going through Congress, all hail president Miller.

Edited August 13, 2019 by jasonlzak

[geowrian 22,337]

Support for elderly parents have always been a critical financial consideration one needs to make.

No changes here.

[kline19 102]

9 minutes ago, jasonlzak said:

What are the chances for IR-5 visa?

Age: negative factor

Health: negative factor

English: negative factor

Ability to work: negative factor

 

The only thing can help them before is the form I-864, now I-864 is just considered a positive factor and is not enough to cancel out those negative factors.

I thought the Republican is a party of family value.

 

Nice way to cut legal immigration without going through Congress, all hail president Miller.

precisely. there is a whole new framework to adjudicate the cases but some people insist it is just the same as before which is patently false. 

[Rociomtz 19]

49 minutes ago, Hemutian said:

What visa are you applying for? 

I believe the "already pending at USCIS" in your quoted text is referring to Green Card and Legal Permanent Residence applications, NOT to visa applications. If you are still in the visa application stage, you are still very early in this long process, and by the time you get around to Green Card/LPR application stage, the changes will definitely apply to you.

It’s the CR-1 spousal visa. After the interview at the embassy, if our spouse is approved, he or she will receive an immigrant visa and upon paying fees and entering the United States they will be mailed their green card. They don’t have to do a separate green card application. Our 1-130 petition has been approved and it’s on its way to NVC. NVC stage is where we show that we can support our spouse financially. Since our petition has been approved I would think that the new rule would not affect us.

[Allaboutwaiting 2,503]

Even more rules and way more factors for the adjudicators to consider. As if the agents weren't already massively overwhelmed.

 

There will be not just more denials, but way more motions to reopen/reconsider and even longer delays. 

 

Now, the fear of being denied could also decrease the amount of applications. Or as some news outlets have anticipated, applicants will actually avoid becoming a public charge. 

 

At this point, one can just speculate on the real effects of this set of new rules.

 

Edited August 13, 2019 by Allaboutwaiting

[Karim2018 100]

4 minutes ago, Rociomtz said:

It’s the CR-1 spousal visa. After the interview at the embassy, if our spouse is approved, he or she will receive an immigrant visa and upon paying fees and entering the United States they will be mailed their green card. They don’t have to do a separate green card application. Our 1-130 petition has been approved and it’s on its way to NVC. NVC stage is where we show that we can support our spouse financially. Since our petition has been approved I would think that the new rule would not affect us.

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!

[~Alessa~ 26]

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?

 

Edited August 13, 2019 by ~Alessa~

[geowrian 22,337]

20 minutes ago, kline19 said:

precisely. there is a whole new framework to adjudicate the cases but some people insist it is just the same as before which is patently false. 

Which of those negative factors did not exist 24 hours ago?

 

Yes the rules have changed. No, the sky is not falling. The overall framework remains the same.

Edited August 13, 2019 by geowrian

[RCable 75]

5 hours ago, jasonlzak said:

 "DATES: This final rule is effective at 12:00 a.m. Eastern Time on [INSERT
DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
DHS will apply this 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 (i.e. were postmarked before the
effective date of the rule and were accepted by USCIS) will not be subject to the rule.  "

 

 

Pending petitions and applications won't be affected by this rule.

So by pending petitions, do they mean people who have already filed things like I-130s and are waiting for approval?