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

[sol_sol 31]

6 hours ago, SusieQQQ said:

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.

I know this but my question was that if the judge can block the ruling for those who apply from WITHIN USA then why not for those who apply from OUTSIDE?

[SusieQQQ 11,586]

5 minutes ago, sol_sol said:

I know this but my question was that if the judge can block the ruling for those who apply from WITHIN USA then why not for those who apply from OUTSIDE?

 

If people adjusting status can appeal a negative outcome, why can’t people applying for visas do so (consular non-reviewability)? The same rules don’t always apply within and outside the US...

 

that said, last I saw DoS said they won’t actually implement it till DHS does. In practical terms I don’t think it’s going to make much difference anyway.

[sol_sol 31]

That is not correct. DHS rule was to be implemented from today but it has been blocked. But DOS rule is going to be implemented from today

[Just Paul 4,595]

58 minutes ago, sol_sol said:

I know this but my question was that if the judge can block the ruling for those who apply from WITHIN USA then why not for those who apply from OUTSIDE?

Adjustment of Status only occurs within the US.   If you come in on a IR/CR visa you do not need to adjust from non-immigrant to immigrant.

[sol_sol 31]

5 minutes ago, Paul & Mary said:

Adjustment of Status only occurs within the US.   If you come in on a IR/CR visa you do not need to adjust from non-immigrant to immigrant.

That is exactly my query. ALL applicants should undergo the same rules instead of just dividing them by WITHIN and OUTSIDE category

[Just Paul 4,595]

16 minutes ago, sol_sol said:

That is exactly my query. ALL applicants should undergo the same rules instead of just dividing them by WITHIN and OUTSIDE category

Unfortunately it is two different federal departments.  The current administration tried to get the two closer to harmonized, but here we are.

[bobbyw8 0]

10 hours ago, Paul & Mary said:

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

I apologize, I am still very confused about this whole new rule thing. I am doing the IR 1 visa for my spouse who is still in her home country, China. I received the NOA2 and I am currently trying to submit my affidavit of support forms and all other supporting documents to CEAC. Has any of the forms/rules changed as of October 15 that I need be concerned about? Do I have to redo anything? I really appreciate if this could be cleared up for me! 

[artcodex 28]

Just a quick update DOS consular regulations are in effect from today, but will not be implemented until a new form the DS-5540 is approved. So status qou until then at consular offices.

[Just Paul 4,595]

7 hours ago, bobbyw8 said:

I apologize, I am still very confused about this whole new rule thing. I am doing the IR 1 visa for my spouse who is still in her home country, China. I received the NOA2 and I am currently trying to submit my affidavit of support forms and all other supporting documents to CEAC. Has any of the forms/rules changed as of October 15 that I need be concerned about? Do I have to redo anything? I really appreciate if this could be cleared up for me! 

Nothing changed for IR/CR petitions.

[Immi896 4]

nothing have changes you just cant submit anything anymore as CEAC website is down since friday specially where you upload affidavit of support

[DesiJase 52]

1 hour ago, artcodex said:

Just a quick update DOS consular regulations are in effect from today, but will not be implemented until a new form the DS-5540 is approved. So status qou until then at consular offices.

Do you have a link please or any idea what this will be? For goodness sake..  

[artcodex 28]

8 minutes ago, DesiJase said:

Do you have a link please or any idea what this will be? For goodness sake..  

I do not unfortunately. It's not released yet. I have this link qouting Doug Rand who is part of boundless immigration and very vocal on immigration matter this is based on clarity he received from the State department after inquiry: https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/state-dept-public-charge-rule-will-not-be-implemented-oct-15th

[artcodex 28]

Also I just noticed the DOS revised it's bulletin as well to signal the wait for the new forms: https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html

[DesiJase 52]

21 minutes ago, artcodex said:

I do not unfortunately. It's not released yet. I have this link qouting Doug Rand who is part of boundless immigration and very vocal on immigration matter this is based on clarity he received from the State department after inquiry: https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/state-dept-public-charge-rule-will-not-be-implemented-oct-15th

 

Thank you, what a bog.