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

[igoyougoduke 1,656]

30 minutes ago, Jorgedig said:

Public charge rejections are already used at the discretion of the CO, how will this change that?

cause now they are going to estimate if you will ever use benefits for the rest of your future rather than current situation 

[geowrian 22,337]

4 minutes ago, Donald120383 said:

cause now they are going to estimate if you will ever use benefits for the rest of your future rather than current situation 

There has been no change with regard to the timeline in which they consider somebody a public charge risk.

They broadened the range of benefits for what is considered being a public charge, but did not change anything with the the timeline.

[haiderzaidi 3]

What would be the self-sufficiency here? 

"This decision allows the Government to implement regulations effectuating longstanding Federal law that newcomers to this country must be financially self-sufficient and not a 'public charge' on our country and its citizens," said White House press secretary Stephanie Grisham in a statement.

[SalishSea 17,836]

20 minutes ago, Donald120383 said:

cause now they are going to estimate if you will ever use benefits for the rest of your future rather than current situation 

That is the status quo.  No change to that practice.

[PaulFF 8]

Should be fairly straight forward. Good health, education, work experience and savings. They just want smart, self sufficient people to come in. Can't blame the country for that.

[Highmystic 234]

4 hours ago, AshMarty said:

I am curious because I feel like this could get confusing.

 

My husband is a GC holder, I am a US citizen. We both do very well for ourselves with our careers and don’t qualify for any financial need benefits. 

 

However. This past year we had our son. He was born over 3 months premature. He spent 3 months in then NICU. My son qualified for Medicaid based off of birth weight (2 pound 9 Oz) so he has it as a secondary insurance (it’s secondary because I have good insurance through my work).

 

He qualifies for a year based on medical qualifications (again not financial qualifications). My husband and I do not have Medicaid just our son. Although my son only will receive this benefit for a year many other diagnoses for children are greater than a year and not financially need based. Will this count against their parents? That would seem incredibly terrible to deny a child of resources because one of their parents is a GC holder. 

 

Just curious? 

As far as I can see, your son is not an immigrant, therefor he is not subject to public charge laws.    And I have to say I am sorry for what your son had to endure, and hope all will be well. 

[Ontarkie 14,226]

~~Thread threads merged.~~

[Dashinka 24,508]

11 hours ago, AshMarty said:

I am curious because I feel like this could get confusing.

 

My husband is a GC holder, I am a US citizen. We both do very well for ourselves with our careers and don’t qualify for any financial need benefits. 

 

However. This past year we had our son. He was born over 3 months premature. He spent 3 months in then NICU. My son qualified for Medicaid based off of birth weight (2 pound 9 Oz) so he has it as a secondary insurance (it’s secondary because I have good insurance through my work).

 

He qualifies for a year based on medical qualifications (again not financial qualifications). My husband and I do not have Medicaid just our son. Although my son only will receive this benefit for a year many other diagnoses for children are greater than a year and not financially need based. Will this count against their parents? That would seem incredibly terrible to deny a child of resources because one of their parents is a GC holder. 

 

Just curious? 

Isn't your son a USC as well?

[AshMarty 360]

6 hours ago, Highmystic said:

As far as I can see, your son is not an immigrant, therefor he is not subject to public charge laws.    And I have to say I am sorry for what your son had to endure, and hope all will be well. 

Thank you he is truly a miracle that survived when odds were stacked against him. Now he is home and thriving 💙

[Mike E 11,739]

13 hours ago, AshMarty said:

However. This past year we had our son. He was born over 3 months premature. He spent 3 months in then NICU. My son qualified for Medicaid based off of birth weight (2 pound 9 Oz) so he has it as a secondary insurance (it’s secondary because I have good insurance through my work).

 

 

First my best wishes for your son. I experienced a taste of what you are going though raising my son. 

Second,  your son is a natural born American Citizen correct? What’s the issue? 

[AshMarty 360]

1 minute ago, Mike E said:

First my best wishes for your son. I experienced a taste of what you are going though raising my son. 

Second,  your son is a natural born American Citizen correct? What’s the issue? 

That’s what many have said. I just wasn’t sure since he is a dependent of my husband (a GC holder) and I a USC if it was going to count negatively. 

 

But many have have pointed out it will not because my husband doesn’t use the benefit. 

 

Thanks for your reply.

 

I couldn’t imagine that possibility that my husbands permanent residency could have come into question because I couldn’t carry our son to full term. That would have weighed heavily on me.  

[Mike E 11,739]

14 minutes ago, AshMarty said:

I couldn’t imagine that possibility that my husbands permanent residency could have come into question because I couldn’t carry our son to full term. That would have weighed heavily on me.  

I understand that. USA  Immigration law is very complex. It got this way because more people to come to America than any other country, and there are more illegal immigrants in America than in any other country.  
 

And so while I can imagine (but as a male obviously not fully internalize) how this would affect a pregnant mother in a similar situation, that isn’t a reason to fail to enforce a law that every immigrant and petitioner (including your husband and presumably you) agreed to.  If change in the law or how it is enforced is of concern to a petitioner or immigrant, there are competent lawyers standing by to answer those questions and if not set ones mind at ease, at least remove the uncertainty.  
 

As an immigrant I explicitly signed a document during my AOS interview that said I would not be a public charge.  I kept my promise. It isn’t fair that I kept my word and others who didn’t get to benefit while my taxes pay for their benefits. And my taxes were hiked in and 1986 and 1993 during times in my life when I could ill afford it.  Hiked after I bought a house  Hiked after my daughter was born.  
 

Meanwhile millions of people on public charge were given green cards or citizenship.  

Edited January 28, 2020 by Mike E

[Crazy Cat 41,886]

Here is the rule expansion as printed before the courts paused it......Worth looking at the tables to see exactly who is affected...starts on page 175

Tables 2 and 3 are interesting.......

https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-17142.pdf

 

 

Edited January 28, 2020 by missileman

[AshMarty 360]

29 minutes ago, Mike E said:

I understand that. USA  Immigration law is very complex. It got this way because more people to come to America than any other country, and there are more illegal immigrants in America than in any other country.  
 

And so while I can imagine (but as a male obviously not fully internalize) how this would affect a pregnant mother in a similar situation, that isn’t a reason to fail to enforce a law that every immigrant and petitioner (including your husband and presumably you) agreed to.  If change in the law or how it is enforced is of concern to a petitioner or immigrant, there are competent lawyers standing by to answer those questions and if not set ones mind at ease, at least remove the uncertainty.  
 

As an immigrant I explicitly signed a document during my AOS interview that said I would not be a public charge.  I kept my promise. It isn’t fair that I kept my word and others who didn’t get to benefit while my taxes pay for their benefits. And my taxes were hiked in and 1986 and 1993 during times in my life when I could ill afford it.  Hiked after I bought a house  Hiked after my daughter was born.  
 

Meanwhile millions of people on public charge were given green cards or citizenship.  

While I agree we signed an agreement. My husband has never been a public charge. He has worked in the US for 10 years. We each make into the 6 digits with our Individual income. 

 

I would never consider that my son a US citizen and born to me a US citizen would be considered a public charge because of a medical diagnoses. But also the comments of this thread and brief articles I did say didn’t not mention otherwise. 

 

Our income was never discussed during the process to put him on medicaid, the NICU social worker took care of it based on medical need, because he didn’t qualify because of income. When I call Medicaid his name is not associated with mine or my husbands because he is an individual on a Medicaid plan (which is difficult for even Medicaid employees to understand because it was not a income based application related to my husband and I). 

 

Edited January 28, 2020 by AshMarty

[AshMarty 360]

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Edited January 28, 2020 by AshMarty