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

[geowrian 22,337]

4 minutes ago, sjfoley1 said:

Sorry if this is addressed earlier in this thread, but how likely do you all think someone could get denied due to the amount of debt they have? I have never used any kind of public assistance but I am worried as I have mortgage debt, a car loan, student loans and credit cards. I'm slowly working my way to paying off credit cards but it's slow moving. Is this really just to weed out people on public assistance or will they go as far as denying someone with not the greatest credit?

We don't yet know how exactly it will be viewed. But I would expect it to be factors in the decision.

[Scandi 4,166]

Note sure how much of this info will prove correct, but it's interesting reading nonetheless. 

 

"What is the impact of the applicant’s family members receiving benefits?

 

Benefits received or likely to be received by the applicant’s spouse, children, or other family members are not considered in determining whether the applicant is likely to become a public charge. But the fact that the household qualifies for a designated public benefit program may indicate that the applicant has a low income, in addition to other possible negative factors.

Similarly, receipt of benefits by the sponsor on an affidavit of support will not be counted against the applicant. However, the sponsor may not count any federal means-tested benefits as income. These include SNAP, SSI, Medicaid, TANF, or CHIP."

 

https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/public-charge-final-rule-faqs

[DesiJase 52]

On 2/21/2020 at 1:42 PM, Hzz99 said:

Heads up State Department approved it form DS-5540 for public charge and they're permitted to use it starting this Monday.

 

https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202002-1405-002

When would K-1 Applicants fill this out? 

[noypi321 19]

Apologies if this question has been asked but will this public charge rule affect AOS applicants adjusting from K1? If so, how?

Edited February 24, 2020 by noypi321

[Crazy Cat 41,845]

24 minutes ago, noypi321 said:

Apologies if this question has been asked but will this public charge rule affect AOS applicants adjusting from K1? If so, how?

Yes.  Check page 188 (table 3) of the following document: https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-17142.pdf

 

That table indicates that K-1s are affected.

Edited February 24, 2020 by missileman

[geowrian 22,337]

22 minutes ago, noypi321 said:

Apologies if this question has been asked but will this public charge rule affect AOS applicants adjusting from K1? If so, how?

Yes. The same way as everybody else doing AOS based on family. Unless you have lived/worked in the US previously, you likely won’t have tax returns or a credit score/history to provide. That’s fine - it just won’t be considered either way.

[Hzz99 3]

Anyone heard anything about if CBP officers implemented public charge rule at POE today??

[Crazy Cat 41,845]

2 minutes ago, Hzz99 said:

Anyone heard anything about if CBP officers implemented public charge rule at POE today??

I have no idea how CBP would do that.

[Hzz99 3]

Just now, missileman said:

I have no idea how CBP would do that.

True, but DHS rule also applies on admission which is why it is not clear how is it going to be implemented

[geowrian 22,337]

CBP would need to have a reason to suspect that the individual would become a public charge. I concur that there would likely be no way for them to do so, barring something like admission to it.

[Scandi 4,166]

I guess the only way CBP would notice something is when they open the sealed envelope you hand over at POE. They opened mine right in front of me, if they take their time to check people's documents then maybe.. but that's a huge maybe.. 

 

At least DOS got their approval to start implementing their new public charge rule today as well, just like DHS.

 

These coming months should be interesting though, 

as people who were approved for their K-1 visas before February 24 might find themselves ineligible once it's time to file for AOS... So I guess they have to go back home?

[geowrian 22,337]

2 minutes ago, Scandi said:

I guess the only way CBP would notice something is when they open the sealed envelope you hand over at POE. They opened mine right in front of me, if they take their time to check people's documents then maybe.. but that's a huge maybe

Is the I-134 even in there (barring an old one somebody might submit with the petition)? I know mine wasn’t as the only copy was on my fiancé and they never took the document from her.

 

Agreed on some K-1 holders possibly facing an issue for AOS, though.

[Scandi 4,166]

9 minutes ago, geowrian said:

Is the I-134 even in there (barring an old one somebody might submit with the petition)? I know mine wasn’t as the only copy was on my fiancé and they never took the document from her.

 

Agreed on some K-1 holders possibly facing an issue for AOS, though.

Not sure what documents are in there, after submitting the i-134 the embassy might create their own document regarding that, that goes into the envelope.

 

They seem to take the i-134 at most embassies, unlike in the Philippines.

[SorrowL 138]

I contacted CBP regarding the new public charge rule, as I’m scheduled to enter the US on CR1 tomorrow.

 

Here’s the email reply:

—

 

Dear Sir or Madam,

Thank you for contacting U.S. Customs and Border Protection (CBP) Information Center.

Being a public charge has always been a ground of inadmissibility for CBP so there is no change for CBP, however, Immigrant Visa holders will not be denied entry to the United States.

U.S. Citizenship and Immigration Services will monitor the new public charge rules when you apply for services in the future as well as with new applicants for Immigrant Visas. 

Thank you again for contacting our office.

—

I’ll add on to this thread should I encounter any specific public charge questions, requests, etc.

 

Edited February 24, 2020 by SorrowL

[Hzz99 3]

34 minutes ago, SorrowL said:

I contacted CBP regarding the new public charge rule, as I’m scheduled to enter the US on CR1 tomorrow.

 

Here’s the email reply:

—

 

Dear Sir or Madam,

Thank you for contacting U.S. Customs and Border Protection (CBP) Information Center.

Being a public charge has always been a ground of inadmissibility for CBP so there is no change for CBP, however, Immigrant Visa holders will not be denied entry to the United States.

U.S. Citizenship and Immigration Services will monitor the new public charge rules when you apply for services in the future as well as with new applicants for Immigrant Visas. 

Thank you again for contacting our office.

—

I’ll add on to this thread should I encounter any specific public charge questions, requests, etc.

 

Apply for services in the future as in adjustment of status and new applicant meaning new visa applicants?