Public Charge

[Roval 1]

Hi Everyone, Can Someone Please Help Me Understand What Public Charge Is And If It Can Cause A Denial Of A Visa??

 

Thank You All So Very Much For Your Time

[D-R-J 192]

From the USCIS website: “‘public charge’ means an individual who is likely to become primarily dependent on government for subsistence...”

 

”...an individual seeking admission to the United States [ ] is inadmissible if the individual, ‘at the time of application for admission or adjustment of status, is likely at any time to become a public charge.’”

 

So to summarize: you can be denied a visa if they think you will require government assistance.

[Roval 1]

6 hours ago, D-R-J said:

From the USCIS website: “‘public charge’ means an individual who is likely to become primarily dependent on government for subsistence...”

 

”...an individual seeking admission to the United States [ ] is inadmissible if the individual, ‘at the time of application for admission or adjustment of status, is likely at any time to become a public charge.’”

 

So to summarize: you can be denied a visa if they think you will require government assistance.

Thank You For That.. The Thing Is That The Beneficiary Don't Need It But The Petitioner Who Is US Citizens Is Benefiting From Some Of These Like Food Stamps And Medicate... Question Is Does It Affect You Because Your Spouse Is Benefiting From It As A Citizen??

 

[JeanneAdil 6,506]

yes,  those are public charges 

and it would appear you would need these benefits also because the USC has to provide health insurance for the alien and it is expensive 

also,  another one is Section 8 housing that is an apartment that is lower to rent as the person has a low income and the government helps in costs 

[Roval 1]

6 hours ago, JeanneAdil said:

yes,  those are public charges 

and it would appear you would need these benefits also because the USC has to provide health insurance for the alien and it is expensive 

also,  another one is Section 8 housing that is an apartment that is lower to rent as the person has a low income and the government helps in costs 

Thank You... To My Understanding, It Me Even If You Have A Strong Co Sponsor, You Can't Still Be With Your Spouse Because He/She Is Benefiting From The Public Charge For Example The Housing??

[JeanneAdil 6,506]

too many sosponsor withdraw the I 864 as soon as the immigrant comes to the US

 

and we have no way of knowing that it means a denial for you

this is up to the embassy at time of the interview

 

as for CR1 you are able to work as soon as you can find a job

[Roval 1]

6 hours ago, JeanneAdil said:

too many sosponsor withdraw the I 864 as soon as the immigrant comes to the US

 

and we have no way of knowing that it means a denial for you

this is up to the embassy at time of the interview

 

as for CR1 you are able to work as soon as you can find a job

Thank You Again For The Help.. Can You Pls Help Me Understand What Co Sponsor Is And It's Importance Because To Me I Was Thinking That Having A Strong Co Sponsor It Could Safe Guide You Until When You Have A Job Inspired Your USC Still Benefiting From The Public Charges Like The Housing, Medicate And Food Stamps??

 

[JeanneAdil 6,506]

According to USCIS site

look under joint sponsor

 

https://www.uscis.gov/greencard/affidavit-support

 

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

[Roval 1]

6 hours ago, JeanneAdil said:

According to USCIS site

look under joint sponsor

 

https://www.uscis.gov/greencard/affidavit-support

 

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

You Are Really Helpful, So What Can We Do Because We Already Have A Strong Co Sponsor But The USC Is Still Benefiting From The Public Charge... Any Advice??

[Just Paul 4,595]

6 minutes ago, Roval said:

You Are Really Helpful, So What Can We Do Because We Already Have A Strong Co Sponsor But The USC Is Still Benefiting From The Public Charge... Any Advice??

For a household of 2 the petitioner needs a job earning about $11 an hour and not be utilizing public benefits.

[Roval 1]

6 hours ago, Paul & Mary said:

For a household of 2 the petitioner needs a job earning about $11 an hour and not be utilizing public benefits.

Is These Public Charge Rule In Infect Or Not Still Because I Read An Article Couple Of Days Ago That Says That 20 States Agains It And They Are They Are Pursuing The Judge To Block It... Do Anyone Know Anything About It??

[carmel34 3,633]

The current US administration is interpreting the public charge provisions of immigration law much more strictly these days, making it difficult to overcome when the sponsor's income is low or borderline.  I would suggest that your petitioner get a better-paying job and stop using public benefits, and show evidence of this at the visa interview.  This plus a strong joint sponsor would increase your chances for approval.  From what you describe, the immigration officer may deny your visa based on public charge concerns but their decision will be based on the totality of your circumstances, and those of your petitioner and joint sponsor.  Good luck!

[JeanneAdil 6,506]

26 minutes ago, carmel34 said:

The current US administration is interpreting the public charge provisions of immigration law much more strictly these days, making it difficult to overcome when the sponsor's income is low or borderline.  I would suggest that your petitioner get a better-paying job and stop using public benefits, and show evidence of this at the visa interview.  This plus a strong joint sponsor would increase your chances for approval.  From what you describe, the immigration officer may deny your visa based on public charge concerns but their decision will be based on the totality of your circumstances, and those of your petitioner and joint sponsor.  Good luck!

said best

 

[SalishSea 17,829]

2 hours ago, JeanneAdil said:

too many sosponsor withdraw the I 864 as soon as the immigrant comes to the US

 

and we have no way of knowing that it means a denial for you

this is up to the embassy at time of the interview

 

as for CR1 you are able to work as soon as you can find a job

Cosponsors withdraw the I-864?  How?

[s.ramos510 14]

The embassy/ NVC or Department State of already had a changed to their public charge rule in January 2019...this new law applies to DHS not DOS. People need to stop interpreting this wrong. Eventually both agencies will need to unified and come to one agreement. https://www.boundless.com/blog/public-charge-rule-state-department-foreign-affairs-manual/

 

 

I went to an interview with my mom three weeks ago here in the states, they asked "do you think you will become a public charge" so they already have been doing this!!

Edited October 1, 2019 by s.ramos510