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

[iwir 337]

My stupid question. Will an immigrant be eligible for public assistance when I-865 expires approx in 10 years or 40 quarters of work?

[Crazy Cat 41,886]

14 minutes ago, iwir said:

My stupid question. Will an immigrant be eligible for public assistance when I-865 expires approx in 10 years or 40 quarters of work?

The vast majority of legal immigrants will be citizens by the ten year mark.

[portorusa 431]

3 hours ago, NikLR said:

 

If the USC is using low income housing, using snap, using medicaid, etc, they shouldn't be allowed to bring a spouse into the country as well. They can't afford to live, how can they support another person? 

It's an assumption that if a USC cannot afford themselves, they cannot afford a spouse. However, the reality proves that in most cases an immigrant spouse gets a job and supports both themselves AND a USC spouse. There are lots of jobs in the US available even for those with low English language skills (or none at all).

[portorusa 431]

Will they be implementing this law retroactively, I wonder? Like for post-interview folks currently waiting their visa under Administrative Processing (if 221(g) was given NOT for the public charge reason)?

[Crazy Cat 41,886]

29 minutes ago, portorusa said:

Will they be implementing this law retroactively, I wonder? Like for post-interview folks currently waiting their visa under Administrative Processing (if 221(g) was given NOT for the public charge reason)?

The USCIS public rule specifically states the following on page 89 of the rule document:

 

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

 

" "DHS reiterates that this rule does not and cannot alter the process of obtaining immediate relative, family-sponsored, employment-based, diversity, or nonimmigrant visas, as required and permitted by law.""

 

DOS has not announced a similar rule expansion .......this rule expansion has NO effect that I have found on consulate interviews....

Edited January 28, 2020 by missileman

[Crazy Cat 41,886]

I urge everyone to see tables 2 and 3 of the document to see who is affected by this rule. It appears to me that the greatest effect will for those who file for Adjustment of Status.

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

Edited January 28, 2020 by missileman

[Sweetdreaming 397]

5 hours ago, ivantran85 said:

Does it affect the current green card holder? I heard that if LPR travel outside of the US more than 6 months, when they come back, the CBP officer can use public charge rule to determine whether they can let the LPR into the US or not?

 

As far as I can tell this is a ruling that implements extra paperwork (form I-944) and financial checks whilst filing for a greencard. If you already have one then you are either exempt or have passed the requirements on application. If youre granted LPR status its relatively difficult to lose it unless you commit a felony crime or leave the country for too long.

[DesiJase 52]

3 hours ago, beloved_dingo said:

That I-944 form seems really odd when applied to K-1. For instance, it asks about credit reports/credit scores. My husband didn't have an SSN until December, and our AOS interview is tomorrow. He didn't get his EAD/AP until December either. So the idea of him having built credit in that time is laughable. We can't even properly check his credit yet, because the credit agencies have no way to verify his identity without a driver's license/state ID, and he doesn't have one yet. He's been unemployed since his arrival in May, obviously, since he wasn't authorized to work. So from that view, he is not "self-sufficient" because he literally hasn't had the ability to even try to support himself. Isn't that the whole point of my Affidavit of Support? 

 

Anyway, I have no issue with the public charge rule being more defined and enforced (fairly) but I'm a little concerned that K-1s might be treated unfairly going forward. 

 

 

 

 

I believe that is where the CO discretion will come in? Obviously K-1's can't have all the requirements and I'm sure the CO's will know this. This doesn't seem to target K-1's so much as other demographics. 

[TonkaUK 22]

1 hour ago, missileman said:

I urge everyone to see tables 2 and 3 of the document to see who is affected by this rule. It appears to me that the greatest effect will for those who file for Adjustment of Status.

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

Thanks for sharing, I had a quick scan and it appears those who applied or have a petition before the ruling date are exempt from this ruling.

 

What is the date? it didn't say.

 

I'm just wondering whether this ruling will affect those of us who filed i-130s 12 months ago and still haven't had an NOA2, does the ruling discriminate on a beneficiaries financial situation in their home country also?

[Sweetdreaming 397]

33 minutes ago, TonkaUK said:

What is the date? it didn't say.

Remember this is a document from the initial ruling that was published August 14, 2019, it was due to become effective 60 days later on October 15th but that got blocked. When it will be implemented again ? Well nobody knows, but i cant imagine it will take too long before they announce a new effective date.  From the language in the ruling - those that applied prior to the effective date (not the ruling date) were to be exempt from this process, i imagine that will be the case again once the new date is set. But everything is up in the air.

Edited January 28, 2020 by skjourney

[geowrian 22,337]

3 hours ago, DesiJase said:

I believe that is where the CO discretion will come in? Obviously K-1's can't have all the requirements and I'm sure the CO's will know this. This doesn't seem to target K-1's so much as other demographics. 

K-1 applicants are not subject to this. No visa applicants are - it's a USCIS rule, not DOS rule.

 

If you are referring to AOS later, that's handled by IOs, not COs.

The factors that do not apply will not be considered positively or negatively (e.g. lack of a US credit score/history).

 

2 hours ago, TonkaUK said:

Thanks for sharing, I had a quick scan and it appears those who applied or have a petition before the ruling date are exempt from this ruling.

 

What is the date? it didn't say.

 

I'm just wondering whether this ruling will affect those of us who filed i-130s 12 months ago and still haven't had an NOA2, does the ruling discriminate on a beneficiaries financial situation in their home country also?

Note that this is a USCIS rule, so it doesn't impact visa applicants. DOS could implement similar policies in the future, but have not yet.

When an I-130 was filed doesn't matter as there is no public charge requirement associated with an I-130. That line coovers cases in which there is a public charge issue associated with the benefit that USCIS is adjudicating. For instance, it covers an I-485 for AOS, or when a COS or EOS application is filed.

[NikLR 13,227]

6 hours ago, portorusa said:

It's an assumption that if a USC cannot afford themselves, they cannot afford a spouse. However, the reality proves that in most cases an immigrant spouse gets a job and supports both themselves AND a USC spouse. There are lots of jobs in the US available even for those with low English language skills (or none at all).

Never said there wasn't.  But if you don't understand that a K1 can't work for a period of time, who's supporting them?  The USC or the tax payer.  

Just for info, I'm the immigrant and I still feel this way.  If my husband couldn't have supported me, I wouldn't have moved.  I supported myself just fine. 

[haiderzaidi 3]

54 minutes ago, geowrian said:

 

 

Note that this is a USCIS rule, so it doesn't impact visa applicants. DOS could implement similar policies in the future, but have not yet.

When an I-130 was filed doesn't matter as there is no public charge requirement associated with an I-130. That line coovers cases in which there is a public charge issue associated with the benefit that USCIS is adjudicating. For instance, it covers an I-485 for AOS, or when a COS or EOS application is filed.

 

I have lodged my application & now waiting for an interview. Does this rule affects me ? Mine is employment based visa. EB3.

 

Also, has this rule being implemented or this is still need any further approvals from court or senate?

[NikLR 13,227]

8 minutes ago, haiderzaidi said:

 

I have lodged my application & now waiting for an interview. Does this rule affects me ? Mine is employment based visa. EB3.

 

Also, has this rule being implemented or this is still need any further approvals from court or senate?

as far as I understand this only impacts family based  you will have a job when you arrive.

Edited January 29, 2020 by NikLR

[haiderzaidi 3]

24 minutes ago, NikLR said:

as far as I understand this only impacts family based  you will have a job when you arrive.

Thanks heaps man... a great relief indeed, if thats the case.