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

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This rulemaking is also intended to align the Department's standards with those of the Department of Homeland Security, to avoid situations where a consular officer will evaluate an alien's circumstances and conclude that the alien is not likely at any time to become a public charge, only for the Department of Homeland Security to evaluate the same alien when he seeks admission to the United States on the visa issued by the Department of State and finds the alien inadmissible on public charge grounds under the same facts. 

 

https://www.federalregister.gov/documents/2020/02/12/2020-02866/notice-of-intent-to-request-emergency-processing-of-information-collection-public-charge

So DOS is seeking to approve its form quickly to avoid situations like the one I mentioned above, does this mean people with issued who will apply for admission after Feb 24th will be subjected to Public charge determination at the airport? how would CBP officers conduct such tests?

Edited by Hzz99
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I would not expect this to impact visas issued, or admission via said visas, before that date.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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15 hours ago, missileman said:

I have seen nothing to indicate that joint sponsors are being eliminated...........but it would certainly have a major effect on fiance and spousal visas.....

I'm in basically the exact same situation as the person asking this question. Visa interview March 30th. 

 

Are you saying that nothing will change as far as joint sponsors? Or that these changes could have a major effect on the way sponsors are considered for spousal visas?

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Filed: Citizen (apr) Country: Malaysia
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On 2/12/2020 at 4:33 PM, cd37 said:

Newsflash...DOS seeks emergency implemention of public charge rule on the same date as USCIS (24 FEB 2020).

 

https://www.murthy.com/2020/02/12/newsflash-dos-seeks-to-implement-new-public-charge-rule-24-feb-2020/

 

@Boiler @geowrian @missileman

 

1 hour ago, Hzz99 said:

This rulemaking is also intended to align the Department's standards with those of the Department of Homeland Security, to avoid situations where a consular officer will evaluate an alien's circumstances and conclude that the alien is not likely at any time to become a public charge, only for the Department of Homeland Security to evaluate the same alien when he seeks admission to the United States on the visa issued by the Department of State and finds the alien inadmissible on public charge grounds under the same facts. 

 

https://www.federalregister.gov/documents/2020/02/12/2020-02866/notice-of-intent-to-request-emergency-processing-of-information-collection-public-charge

So DOS is seeking to approve its form quickly to avoid situations like the one I mentioned above, does this mean people with issued who will apply for admission after Feb 24th will be subjected to Public charge determination at the airport? how would CBP officers conduct such tests?

 

I wonder if the result of this is that DOS NVC will be allowed to ask for all NVC consular processing applicants to now include the new 15 page I-944 Declaration of Self-Sufficiency form similar to how existing NVC cases require I-864

https://www.uscis.gov/i-944

Edited by ultrasoul

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCISgenerates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221GUSEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EADReceived mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 
02/12/20

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1 minute ago, ultrasoul said:

Anyone knows if the NVC starting Feb 24 will require all new NVC cases to start including the new 15 page I-944 Declaration of Self-Sufficiency form similar to how NVC cases require I-864? https://www.uscis.gov/i-944

The I-944 is a USCIS form required for Adjustment of Status........the DOS form will likely be the DS-5540...imo

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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7 hours ago, MexicoExpat said:

I'm in basically the exact same situation as the person asking this question. Visa interview March 30th. 

 

Are you saying that nothing will change as far as joint sponsors? Or that these changes could have a major effect on the way sponsors are considered for spousal visas?

Same situation here and getting quite worried. 

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Looking through this thread it's baffling how, considering the reason why people are on these forums, anti-immigrant people are.

 

This rule is going to hurt a lot of people who are looking to immigrate out of necessity, compared to a lot of people on here who immigrate because of their own choices.

 

It's also weird how some people just believe the Fox News narrative, despite having gone through the process themselves.

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5 hours ago, sl1pstream said:

Looking through this thread it's baffling how, considering the reason why people are on these forums, anti-immigrant people are.

 

This rule is going to hurt a lot of people who are looking to immigrate out of necessity, compared to a lot of people on here who immigrate because of their own choices.

 

It's also weird how some people just believe the Fox News narrative, despite having gone through the process themselves.

Yep, it's shocking how many right wingers are in this forum. Pretty depressing. 

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6 hours ago, sl1pstream said:

Looking through this thread it's baffling how, considering the reason why people are on these forums, anti-immigrant people are.

 

This rule is going to hurt a lot of people who are looking to immigrate out of necessity, compared to a lot of people on here who immigrate because of their own choices.

 

It's also weird how some people just believe the Fox News narrative, despite having gone through the process themselves.

I have seen what liberal immigration laws can do to a country, my home country has taken a HUGE hit in this regard. For that reason I'm all for restricted immigration and stricter immigration laws. I'm in no way liberal with regards to immigration and never will be after everything I have seen and experienced, even as an immigrant myself. So, it has nothing to do with Fox news, whatever that is. 

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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I think it’s generally pretty hard to ascertain somebody’s political positions or leanings based solely on this thread. Unless somebody makes it abundantly clear, this is just one stance on one issue.

 

Hard to define what “anti-immigrant” means here. There are people that support legal immigration but not illegal immigration or pathways for those who broke immigration law. There are people who have no issue with IR-based immigration but don’t support chain immigration. There are people between those 2. There are people who support even broader immigrant opportunities.

 

People who are immigrating out of necessity would mostly not be subject to the public charge rule anyway.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Belgium
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9 minutes ago, geowrian said:

I think it’s generally pretty hard to ascertain somebody’s political positions or leanings based solely on this thread. Unless somebody makes it abundantly clear, this is just one stance on one issue.

 

Hard to define what “anti-immigrant” means here. There are people that support legal immigration but not illegal immigration or pathways for those who broke immigration law. There are people who have no issue with IR-based immigration but don’t support chain immigration. There are people between those 2. There are people who support even broader immigrant opportunities.

 

People who are immigrating out of necessity would mostly not be subject to the public charge rule anyway.

This solely affects legal immigration.

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Filed: Citizen (apr) Country: Taiwan
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6 hours ago, sl1pstream said:

Looking through this thread it's baffling how, considering the reason why people are on these forums, anti-immigrant people are.

Don't confuse "anti-immigration" with "anti-ILLEGAL immigration"....there is a huge difference.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Belgium
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Just now, missileman said:

Don't confuse "anti-immigration" with "anti-ILLEGAL immigration"....there is a huge difference.

I'm not. The public charge rule solely affects legal immigrants.

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6 minutes ago, sl1pstream said:

I'm not. The public charge rule solely affects legal immigrants.

I don't see how believing that new immigrants should be able to live here without becoming a public burden to US taxpayers is somehow "anti-immigrant"..

 

EDIT:  I haven't seen any anti-immigration posters here.  After all, we all are going through/have gone through  the process of immigration.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Belgium
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5 minutes ago, missileman said:

I don't see how believing that new immigrants should be able to live here without becoming a public burden to US taxpayers is somehow "anti-immigrant"..

 

EDIT:  I haven't seen any anti-immigration posters here.  After all, we all are going through/have gone through  the process of immigration.

Are legal immigrants paying taxes?

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