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

[guyfromky 1]

So that rule that recently got blocked from some judges didn't say the sponsor had to make 250% of the poverty guidelines? That had me worried, and frankly, very angry.

[Bjh 39]

1 hour ago, guyfromky said:

So that rule that recently got blocked from some judges didn't say the sponsor had to make 250% of the poverty guidelines? That had me worried, and frankly, very angry.

I've read that being on Medicaid or using any government assistance is viewed as negative although not automatically disqualifying. Apparently making 250% or higher of the poverty guideline for family size is positive but not a minimum.

[Ryan H 3,818]

~~Off topic posts removed.~~

[Keem12 9]

9 hours ago, artcodex said:

 

 

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.

 

Very confusing but I hope there is a challenge, so this administration can write a good bill instead of something people really don't understand 

[aceegreene 34]

17 hours ago, artcodex said:

 

 

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.

 

Thanks for the detailed explanation. I went through the interim rule and it's interesting to see it going into effect. Also, I believe it goes into effect for all in the immigrant visa process, regardless of whether they submit their docs before or after 15th Oct. 

[Karim2018 100]

23 hours ago, artcodex said:

 

 

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.

 

Very well written and what you have stated above is unfortunately very true! Those of us who have yet to go though their interview will be subject to unprecedented scrutiny at the consulate level and "guinea pigs" for this new rule

Edited October 13, 2019 by Karim2018

[Karim2018 100]

6 hours ago, aceegreene said:

I believe it goes into effect for all in the immigrant visa process, regardless of whether they submit their docs before or after 15th Oct. 

CORRECT!

Edited October 13, 2019 by Karim2018

[sol_sol 31]

Judges have blocked Trump's public charge rule adopted by DHS , but astonishingly it is being implemented by Department of state. I wonder why is this so? Rules should be same for everyone. right?

[Dashinka 24,649]

Already many threads discussing this topic.  The short answer is the DHS and the DOS are different entities, and the recent rulings only impact the DHS rule interpretation.

[Boketto 211]

On 10/12/2019 at 4:15 PM, guyfromky said:

So that rule that recently got blocked from some judges didn't say the sponsor had to make 250% of the poverty guidelines? That had me worried, and frankly, very angry.

No, it was just a “heavily weighted positive factor”. So if a prospective immigrant had a negative factor like low employability, but their sponsor makes over 250% of the FPL, then it could offset that concern. 

[SusieQQQ 11,587]

Public charge “rules” have always been based on minimum acceptable income/assets, and for long before this people have been being refused based on assessment of individual situations with certain circumstances requiring more than the minimum.

[bobbyw8 0]

I just need this to be cleared up. So if I submit documents to NVC tomorrow (Oct 15th) will my case still be subjected to the rules pre-Oct 15th final rule change? 

[Just Paul 4,595]

14 minutes ago, bobbyw8 said:

I just need this to be cleared up. So if I submit documents to NVC tomorrow (Oct 15th) will my case still be subjected to the rules pre-Oct 15th final rule change? 

Would not have applied unless you were adjusting within the US which you are clearly not since you are at NVC.

[DesiJase 52]

This is on the NVC website and is effective today.  Does this affect K-1's? 

 

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

[DesiJase 52]

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

 

I think they've managed to get around it.