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

[aceegreene 34]

1 minute ago, Paul & Mary said:

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

 

Just now, missileman said:

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.

Got it, thanks!

[Crazy Cat 41,985]

Just now, aceegreene said:

 

Got it, thanks!

To be more specific, the Oct 15th rule included a table which specifically listed who would be affected by the public charge rule........it specifically indicated Adjustment of Status.....

[aceegreene 34]

9 minutes ago, missileman said:

To be more specific, the Oct 15th rule included a table which specifically listed who would be affected by the public charge rule........it specifically indicated Adjustment of Status.....

Just went through those tables and you are right, it only mentions adjustment of status. So I guess the status quo prevails for applicants outside the USA.

[Crazy Cat 41,985]

Just now, aceegreene said:

Just went through those tables and you are right, it only mentions adjustment of status. So I guess the status quo prevails for applicants outside the USA.

That's my understanding for the public charge issue.........except that the new healthcare rule beginning Nov 4th hasn't been challenged in court yet, to my knowledge.

[aceegreene 34]

2 minutes ago, missileman said:

That's my understanding for the public charge issue.........except that the new healthcare rule beginning Nov 4th hasn't been challenged in court yet, to my knowledge.

Not that I know of either. Is the Nov 4th rule effective only for applications submitted on or after that date? Or does it become effective for everyone who is in the immigrant visa process once the date crosses?

[Crazy Cat 41,985]

1 minute ago, aceegreene said:

Not that I know of either. Is the Nov 4th rule effective only for applications submitted on or after that date? Or does it become effective for everyone who is in the immigrant visa process once the date crosses?

Good question.......I'm not sure.

[aceegreene 34]

7 minutes ago, missileman said:

Good question.......I'm not sure.

Direct quote from the proclamation below, which I believe means that whoever doesn't have an immigrant visa in hand by that date will be affected by the rule.

 

Sec. 2.  Scope of Suspension and Limitation on Entry.  (a)  Section 1 of this proclamation shall apply only to aliens seeking to enter the United States pursuant to an immigrant visa.

(b)  Section 1 of this proclamation shall not apply to:

(i)     any alien holding a valid immigrant visa issued before the effective date of this proclamation;

[Bjh 39]

I know this new rule was blocked in court, but it's only a matter of time before it becomes fully enforceable, IMO.

 

Right now the rule for people adjusting from K1 visas is that their sponsor has to earn 125% or greater of the Federal HHS Poverty Guidelines for their family size.

 

How does this change under the new law? It's not clear to me.

[payxibka 10,047]

15 minutes ago, Bjh said:

I know this new rule was blocked in court, but it's only a matter of time before it becomes fully enforceable, IMO.

 

Right now the rule for people adjusting from K1 visas is that their sponsor has to earn 125% or greater of the Federal HHS Poverty Guidelines for their family size.

 

How does this change under the new law? It's not clear to me.

Look for the very large thread on this topic already,  its been being discussed for weeks 

[Letspaintcookies 2,310]

15 minutes ago, Bjh said:

I know this new rule was blocked in court, but it's only a matter of time before it becomes fully enforceable, IMO.

 

Right now the rule for people adjusting from K1 visas is that their sponsor has to earn 125% or greater of the Federal HHS Poverty Guidelines for their family size.

 

How does this change under the new law? It's not clear to me.

No change at all.

What they added is that making 250% is a heavily positive factor but the rule is still a minimum of 125% 

[Pitaya 2,577]

20 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. 

I was able to do the same with my wife. A lot likely depends on the policies and attitudes of the health insurance carrier.

[Crazy Cat 41,985]

53 minutes ago, aceegreene said:

Direct quote from the proclamation below, which I believe means that whoever doesn't have an immigrant visa in hand by that date will be affected by the rule.

 

Sec. 2.  Scope of Suspension and Limitation on Entry.  (a)  Section 1 of this proclamation shall apply only to aliens seeking to enter the United States pursuant to an immigrant visa.

(b)  Section 1 of this proclamation shall not apply to:

(i)     any alien holding a valid immigrant visa issued before the effective date of this proclamation;

That sounds to be the case....

[Fogi 91]

Check with your provider. Once you're married most will add the spouse without a SSN. Get your ducks in a row before the fiance gets here. Proof that you can add her. 

[Keem12 9]

13 minutes ago, Fogi said:

Check with your provider. Once you're married most will add the spouse without a SSN. Get your ducks in a row before the fiance gets here. Proof that you can add her. 

She's actually my wife and my company said i can't sign up for insurance until the end of the month and her interview (in her country ) is 7th of November 

[artcodex 28]

1 hour ago, aceegreene said:

Just went through those tables and you are right, it only mentions adjustment of status. So I guess the status quo prevails for applicants outside the USA.

 

2 hours ago, missileman said:

To be more specific, the Oct 15th rule included a table which specifically listed who would be affected by the public charge rule........it specifically indicated Adjustment of Status.....

 

2 hours ago, missileman said:

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.

Just to add and clarify. As has been mentioned above the 14 August 2019 rule that was going to be implemented on October 15 was only specific to those going through Adjustment of Status. These rules are implemented through DHS and USCIS. These agencies were litigated against and temporary injunction was placed on their rule. For consular visa processing it is responsibility of Department of State to set rules and guidelines for those applying from outside of the country and so the above mentioned rule would not affect people through this process BUT and here is the big BUT, the department of state (DOS) had already modified public charge at beginning of the year and on Friday (October 11) put out an interim rule specifying that they were changing their guidelines to closer adhere to the DHS and USCIS new rules on public charge that were going to take effect on October 15. So even though the original rules set by DHS and USCIS have an injunction on them, this injunction will not effect guidance updates and rule updates by DOS. You can read more about this DOS plan here:

 

https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html

 

So consular processing is not status quo for outside the USA and is changing. In fact this interim guidance is going into effect on October 15 as well. To me this is crazy because the guidance/rules were set for AOS applicants and many areas don't make sense for visa applicants and the form changes and new forms were also specific to AOS and no longer are published at all, so how they intend to collect this new information for visa applicants is anyone's guess at this point. It seems like complete chaos to me.

 

So in summary DOS consular visa processing is changing it's guidelines to closer reflect the August 14th rule, the DOS guidelines are not the same as DHS rules, but they are now very similar where as before public charge was a simpler hurdle to navigate this will certainly make it a lot more difficult and very confusing for people who have upcoming interviews since these changes are very rushed with little guidance.