Supreme Court allows Trump administration to move forward with 'public charge' rule (merged)

[MartaMMM 3]

Hello, sorry if this question was already asked but I am not sure we will be affected by this rule? We applied just last January with an I 130

 

[LizaJane 13]

So for those of us applying after the new rule goes into effect on the 24th, will we need to meet 250% of the FPL guidelines for income instead of the former 125%?

[arken 4,197]

Likely plus they may also look at other stuffs.

Edited February 3, 2020 by arken

[Letspaintcookies 2,310]

No nothing changed about the 125% guideline.

The 250% would be a heavily weighted positive factor but it's not the new minimum.

Edited February 3, 2020 by Letspaintcookies

[Cyberfx1024 7,980]

55 minutes ago, LizaJane said:

So for those of us applying after the new rule goes into effect on the 24th, will we need to meet 250% of the FPL guidelines for income instead of the former 125%?

No, the 125% is still the same

[geowrian 22,337]

23 hours ago, Jaouad imesmouden said:

I sent my ds-260 ( Affidavit of support ) before october 15th 2019 to the NVC.  I got my marriage visa ( Cr1 ) last month on the 10th january. However, i will travel  to the US next june.

My question : how is the new public charge rule will affect me?

No. Neither this rule (for AOS/COS/EOS applicants) nor the similar DOS rule impacts an existing visa.

I'm assuming you mean "June", not "next June". The former implies this year. The latter implies next year...in which the visa would no longer be valid.

 

23 hours ago, skjourney said:

no it wont affect you, you have been granted your conditional GC, youre already approved.

My understanding from their post + timeline is they were issued an immigrant visa. They have not yet been granted a green card.

But yes, already issued visas are won't be impacted by any of the public charge rules.

 

4 hours ago, MartaMMM said:

Hello, sorry if this question was already asked but I am not sure we will be affected by this rule? We applied just last January with an I 130

I suggest reading the thread. If the specific question was not yet answered, then feel free to ask.

[LizaJane 13]

1 hour ago, Letspaintcookies said:

No nothing changed about the 125% guideline.

The 250% would be a heavily weighted positive factor but it's not the new minimum.

That's what I thought but want to be sure. That's quite a large jump in amounts even though it's only being considered and not the rule. 

[Tony rodri 1]

Hello.

Yes i mean this june after (4 months from now.)

My understanding is i will enter the US then they send me my green card. So i'm thinking maybe the new rule will affect me if i apply for any of the including benefits from the government

 

  

[SalishSea 17,829]

3 minutes ago, Jaouad imesmouden said:

Hello.

Yes i mean this june after (4 months from now.)

My understanding is i will enter the US then they send me my green card. So i'm thinking maybe the new rule will affect me if i apply for any of the including benefits from the government

 

  

Didn't your petitioner/sponsor sign an affidavit that you wouldn't need to apply for means-tested benefits though?

Edited February 3, 2020 by Jorgedig

[geowrian 22,337]

5 minutes ago, Jaouad imesmouden said:

My understanding is i will enter the US then they send me my green card. So i'm thinking maybe the new rule will affect me if i apply for any of the including benefits from the government 

Correct. The green card will be produced and mailed after entry on the immigrant visa and if the Immigrant Fee is paid.

Generally, most public benefits do not apply to new LPRs. There is a federal ban on funds within the first 5 years of being an LPR.

Individual states have their own rules for their self-funded programs.

[Tony rodri 1]

25 minutes ago, Jorgedig said:

Didn't your petitioner/sponsor sign an affidavit that you wouldn't need to apply for means-tested benefits though?

Yes he did sent it to NVC and i gave it to them at the consulate with required documents defore they issued my visa.

   

[Tony rodri 1]

22 minutes ago, geowrian said:

Correct. The green card will be produced and mailed after entry on the immigrant visa and if the Immigrant Fee is paid.

Generally, most public benefits do not apply to new LPRs. There is a federal ban on funds within the first 5 years of being an LPR.

Individual states have their own rules for their self-funded programs.

I know a lot of people who got the benefits after they enter US

[geowrian 22,337]

18 minutes ago, Jaouad imesmouden said:

I know a lot of people who got the benefits after they enter US

Depends on what benefit and where and the rest of their circumstances (assuming they did so legally, of course).

Edited February 4, 2020 by geowrian

[pushbrk 12,882]

The public charge issue has always been a judgment call.  Meeting ANY minimum assures nothing at all.

 

[LizaJane 13]

4 minutes ago, pushbrk said:

The public charge issue has always been a judgment call.  Meeting ANY minimum assures nothing at all.

 

True, good point