The Public Charge Rule

[Eugenia2017 28]

We have a 25 - year - old son who was born in the United States and I as a pregnant woman received  wic benefits and my son had the kids Florida as health insurance. Also the last two years I received  help from health insurance marketplace to paid the insurance premium .Now  I'm a citizen, I m going to apply my husband who lives outside the United States and my son will be the affidavit... those benefits seem like a public charge? 

[Eugenia2017 28]

Any opinion? Somebody knows about the new rule  that will be effective on October 2019? Thanks 

[pushbrk 12,883]

5 hours ago, Eugenia2017 said:

We have a 25 - year - old son who was born in the United States and I as a pregnant woman received  wic benefits and my son had the kids Florida as health insurance. Also the last two years I received  help from health insurance marketplace to paid the insurance premium .Now  I'm a citizen, I m going to apply my husband who lives outside the United States and my son will be the affidavit... those benefits seem like a public charge? 

Maybe rephrase the question.  You receiving WIC benefits 25 years ago, or anything that happened 25 years ago is not relevant now for the affidavit of support.  If your son is qualified to sponsor NOW, your Obamacare subsidies are also irrelevant.

[Eugenia2017 28]

That's how you understood that was 25 years ago. I was worried that the subsidies of omabacare were considered Public charge. Thanks

[Eugenia2017 28]

Also our son has a good income too to be the affidavit

[pushbrk 12,883]

27 minutes ago, Eugenia2017 said:

That's how you understood that was 25 years ago. I was worried that the subsidies of omabacare were considered Public charge. Thanks

They may be under the new rule, but it was YOU, not your qualified joint sponsor, who received the subsidies.

[Eugenia2017 28]

Yes you are right I will be the petitioner.

 

What about this “Even if the new rule is finally enacted, expanding the number of government benefits that trigger a denial on public-charge grounds, it won’t penalize applicants for their use of such benefits prior to the Effective Date of the rule.”

[PRC Rabbit 40]

The new rule goes into effect on October 15, 2019.

Can you apply before then?

[Eugenia2017 28]

Not yet unfortunately

[pushbrk 12,883]

1 hour ago, PRC Rabbit said:

The new rule goes into effect on October 15, 2019.

Can you apply before then?

Even if she could file the petition before then, (US Citizens don't apply for visas.) is there some reason you don't think the new rule would apply a year or so later, when the affidavits of support go in?  If so, where are you getting that impression?

[geowrian 22,337]

2 hours ago, PRC Rabbit said:

The new rule goes into effect on October 15, 2019.

Can you apply before then?

The new rule is a DHS rule. Visas are issued by DOS. Filing the petition with USCIS before a given date won't change any consideration with the public charge rule here.

DOS may or may not adopt some parts of the DHS rule, although the timeline and what parts, if any, would be speculation.