Courts block Trump rule to deny green cards and visas to low-income immigrants(merged)

[Pitaya 2,577]

Two Federal courts on Friday prevented the Trump administration from implementing a rule that would have created new barriers to low-income immigrants seeking to enter the US. The rule, originally scheduled to take effect on 10/15/19, would establish a test to determine whether an immigrant applying to enter the US , extend their visa, or do an AOS to convert their temporary immigration status is likely to end up depending on public benefits. Eight Federal courts are currently reviewing legal challenges to the "public charge" rule, and on Friday, three in California, New York and Washington blocked the rule form going into effect nationwide - for now, Trump administration appeals are expected. 

 

REF: https://www.vox.com/policy-and-politics/2019/10/11/20899253/trump-public-charge-immigrants-welfare-benefits-court

Edited October 12, 2019 by Pitaya
reference added

[Dashinka 24,493]

There is already a thread discussing this.  These rulings do not impact DOS and consular processing, they only impact DHS/USCIS at the AOS phase.

 

 

[Dustin725 72]

6 hours ago, ultrasoul said:

4) The department of state released a statement on Oct 11 the same day the 2 USCIS injunctions were given that they (DOS) will still continue the public charge implementation as planned for Oct 15- https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html

 

5) What’s ironic is that the 2 USCIS injunctions have a small impact as they only impact Adjustment of Status adjudication whereas most immigrant visas are adjudicated via consular processing (13 million) - https://www.vox.com/policy-and-politics/2019/10/11/20899253/trump-public-charge-immigrants-welfare-benefits-court

My confusion comes a lot from the fact that USCIS was updating their I-864 form which is used at the NVC stage to be sent off to the embassies. The new updated forms were suppose to go into effect October 15th according to the USCIS website. USCIS has since taken these updated forms off their website due to the injunctions. So my concern is if the old form will still work when sending documents to the NVC. Thanks for all the information, really helpful!

[Cheschirecat 176]

14 hours ago, Keem12 said:

I'm very confuse about this new immigrant health insurance stuff going around. How can persons get health insurance without social security? Wouldn't almost all fail this new requirement? Is it being challenge? 

My husband Was put  on my insurance the day Of marriage. SS not needed they gave him a temporary insurance #. 

Edited October 12, 2019 by Cheschirecat

[payxibka 10,045]

4 hours ago, Pitaya said:

Two Federal courts on Friday prevented the Trump administration from implementing a rule that would have created new barriers to low-income immigrants seeking to enter the US. The rule, originally scheduled to take effect on 10/15/19, would establish a test to determine whether an immigrant applying to enter the US , extend their visa, or do an AOS to convert their temporary immigration status is likely to end up depending on public benefits. Eight Federal courts are currently reviewing legal challenges to the "public charge" rule, and on Friday, three in California, New York and Washington blocked the rule form going into effect nationwide - for now, Trump administration appeals are expected. 

 

REF: https://www.vox.com/policy-and-politics/2019/10/11/20899253/trump-public-charge-immigrants-welfare-benefits-court

So yesterday,  did you honestly think you were the first to start a thread on this?

[Carpe Vinum 2,327]

15 hours ago, ale07 said:

It might get blocked as others have mentioned, but just so you know my husband was able to add me to his insurance without a SSN. 

It took a little persistence but I was able to add my fiance (now wife) to my FEHB plan without a SSN. 

[Carpe Vinum 2,327]

You can be denied at the embassy for an "appearance" of the possibility of public charge.  There have been people denied at the embassy stage even though they have met the minimum income requirement.

[GP1977 288]

Liberal judges issued these injunctions

/orders. Just like the travel ban this will prob make its way to the Supreme Court where trump has the 5-4 majority and this order will remain in effect should they chose to hear the case in which they probably will. 

[dwheels76 5,468]

The policy also says you would have to demonstrate that you would be getting your spouse health Insurance within 30 days of arrival. It's not required at Interview. Better if you can add them but if not add after.

[Karim2018 100]

15 hours ago, missileman said:

@Paul & Mary is correct.  This judge's ruling does not affect Consulates...The ruling concerns USCIS only.....Consulates have and will continue to make public charge determinations.....

Where EXACTLY in the courts' block/ruling does it say that?! The above VOX article is titled "Courts blocked Trump’s rule to keep out low-income immigrants". How can the block only apply to USCIS and AOS, if it clearly says to "keep out low-income...", which clearly applies to folks outside the US and applying to get in (i.e. via consulates/embassies). Those doing AOS are usually inside the States already!

Edited October 12, 2019 by Karim2018

[Crazy Cat 41,845]

27 minutes ago, Karim2018 said:

Where EXACTLY in the courts' block/ruling does it say that?! The above VOX article is titled "Courts blocked Trump’s rule to keep out low-income immigrants". How can the block only apply to USCIS and AOS, if it clearly says to "keep out low-income...", which clearly applies to folks outside the US and applying to get in (i.e via consulates/embassies). Those doing AOS are usually inside the States already!

The news article headline is simply inaccurate....imagine that.......The rulings, themselves,  specifically state that these are challenges to the August 14, 2019 rule.  The August 14th rule was a USCIS directive which affected people who were applying for Adjustment of Status..........Thus, these rulings have no effect on the long standing policy of the Department of State to consider the public charge issue when issuing immigrant visas.  The Presidential proclamation, effective Nov 4th,  is just an expansion of that DOS policy.

Edited October 12, 2019 by missileman

[Karim2018 100]

15 minutes ago, missileman said:

The news article headline is simply inaccurate....imagine that.......The rulings, themselves,  specifically state that these are challenges to the August 14, 2019 rule.  The August 14th rule was a USCIS directive which affected people who were applying for Adjustment of Status..........Thus, these rulings have no effect on the long standing policy of the Department of State to consider the public charge issue when issuing immigrant visas.  The Presidential proclamation, effective Nov 4th,  is just an expansion of that DOS policy.

Fair enough. Thanks for clarifying.

[aceegreene 34]

31 minutes ago, missileman said:

The news article headline is simply inaccurate....imagine that.......The rulings, themselves,  specifically state that these are challenges to the August 14, 2019 rule.  The August 14th rule was a USCIS directive which affected people who were applying for Adjustment of Status..........Thus, these rulings have no effect on the long standing policy of the Department of State to consider the public charge issue when issuing immigrant visas.  The Presidential proclamation, effective Nov 4th,  is just an expansion of that DOS policy.

So, for people applying after Oct 15th from outside the USA, this new public charge rule was never going to apply anyway? Or was it going to apply and continues to apply? For example, after Oct 15th, people will now have to prove income 250% above the poverty guidelines?

[Just Paul 4,595]

5 minutes ago, aceegreene said:

So, for people applying after Oct 15th from outside the USA, this new public charge rule was never going to apply anyway? Or was it going to apply and continues to apply? For example, after Oct 15th, people will now have to prove income 250% above the poverty guidelines?

It would have applied to the I-485 AOS process in the US.   Not to I-864 in consular processing.

[Crazy Cat 41,845]

4 minutes ago, aceegreene said:

So, for people applying after Oct 15th from outside the USA, this new public charge rule was never going to apply anyway? Or was it going to apply and continues to apply? For example, after Oct 15th, people will now have to prove income 250% above the poverty guidelines?

The Oct 15th rule never affected those applying at consulates for immigrant visas..it applied only to those applying for AOS inside the US..........Consulates have, for many years, considered the public charge issue when evaluating applicants' situations.   I see no reason to think that will change.