Does public charge affect recently submitted i-130/i-130a petitions? (submitted prior to Oct 15)

[DJASP 3]

Hello, I haven't found this answered clearly yet -

For i-130/i-130a petitions recently sent to USCIS, will the public charge rule (effective Oct 15 2019) be applicable to their future process? 

Or if the i-130 petition is received at USCIS before the cutoff date, will the case continue according to the previous rules? 

Thank you for any responses.

 

Edited October 7, 2019 by asdjp

[Crazy Cat 41,888]

The October 15th public charge rule does not affect immigrant visa seekers (I-130).  The public charge issue has always been and will continue to be a factor when Consulate Officers make visa issuing decisions.  

 

1.  October 15th- Starts the I-944 (Declaration of Self Sufficiency) only for those seeking Adjustment of Status.  (K-1, for example)

2.  November 4th- Starts the requirement for health insurance only for those seeking immigrant visas..  (Cr-1/IR-1, for example)

Edited October 7, 2019 by missileman

[Dashinka 24,512]

I believe the public charge would be decided at the visa interview, not at the I130 stage, so if an interview is conducted after 10/15/19 it can be evaluated for inadmissibility.

 

You may try here to get more information.

 

Good Luck!

 

 

[Ryan H 3,812]

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