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

[HRQX 4,145]

2 hours ago, geowrian said:

DOS could implement similar policies in the future, but have not yet.

Isn't the interim DOS rule technically in effect? https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html It's not yet implemented since the proposed

Public Charge Questionnaire (DS-5540) is not currently available: https://www.federalregister.gov/documents/2019/10/24/2019-23219/60-day-notice-of-proposed-information-collection-public-charge-questionnaire

Edited January 29, 2020 by HRQX

[geowrian 22,337]

9 minutes ago, HRQX said:

Isn't the interim DOS rule technically in effect? https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html It's not yet implemented since the proposed

Public Charge Questionnaire (DS-5540) is not currently available: https://www.federalregister.gov/documents/2019/10/24/2019-23219/60-day-notice-of-proposed-information-collection-public-charge-questionnaire

Correct. I forgot about that rule. Those rules are similar (but with several key differences). Although, this recent SCOTUS ruling does not change it being implemented or not (but I have a feeling they may move forward soon...just my prediction).

Edited January 29, 2020 by geowrian

[Hzz99 3]

Question, how would the implementation of public charge affect those who already got their visas but didn't enter the US yet since DHS handles admission through CBP officers will that cause an issue for anyone at POE?

[guyfromky 1]

I have a few questions. Me and my wife are waiting for the AOS interview, having already filed for AOS months ago. I make above the 125% poverty guidelines. If we already applied before will anything suddenly change for us midgame like having to fill out that extra form or having credit score history checked etc?

 

Also my wife worked for her mother at home before coming to the United States and didn't make alot of money, is USCIS going to try to take her income back in Indonesia into account or only my income?

 

Lastly, I was going to try to get my wife on my workplace health insurance plan by switching to a family plan but she needs an SSN before that can be done. So we went to a nearly Social Security place to get her a Social Security number and the lady there said we had to wait until after she gets her green card before she can get one. How can I get her insured if we can't get her an SSN?

[Crazy Cat 41,845]

3 hours ago, guyfromky said:

I have a few questions. Me and my wife are waiting for the AOS interview, having already filed for AOS months ago. I make above the 125% poverty guidelines. If we already applied before will anything suddenly change for us midgame like having to fill out that extra form or having credit score history checked etc?

 

Also my wife worked for her mother at home before coming to the United States and didn't make alot of money, is USCIS going to try to take her income back in Indonesia into account or only my income?

 

Lastly, I was going to try to get my wife on my workplace health insurance plan by switching to a family plan but she needs an SSN before that can be done. So we went to a nearly Social Security place to get her a Social Security number and the lady there said we had to wait until after she gets her green card before she can get one. How can I get her insured if we can't get her an SSN?

A SSN is not required to get health care coverage.  You might have to push them a little, but there is no law requiring it.

[Redheadguy03 505]

54 minutes ago, missileman said:

A SSN is not required to get health care coverage.  You might have to push them a little, but there is no law requiring it.

Exactly what he said. When my son was born HR said I needed a social. So, I found online that I could register him for the insurance on our state website. (I'm a state employee). It didn't require a ssn at all and HR has never asked for it. 

[geowrian 22,337]

The rule change going into effect does not impact any issued visas or visa applications.

The similar DOS rule is still not implemented at this time. So it does not impact any issued visas or visa applicants.

 

If/Once the DOS rule is implemented, it will impact new visa applicants. The exact cutoff point (new petitions? new visa applications? new interviews? anybody waiting for a visa to be issued?) is something unknown at this point as it is not implemented yet.

If a visa is already issued when the rule goes into effect, it is technically possible for CBP to review that the visa was properly issued. However, I absolutely would not expect them to even try to address the public charge issue at POE. They are not trained for that, nor do they look to override a CO's discretion. So any issued visas will very likely be fine when the DOS rule gets implemented.

Edited January 29, 2020 by geowrian

[Sweetdreaming 397]

6 hours ago, guyfromky said:

Me and my wife are waiting for the AOS interview, having already filed for AOS months ago. I make above the 125% poverty guidelines. If we already applied before will anything suddenly change for us midgame like having to fill out that extra form or having credit score history checked etc?

almost certainly not. When the ruling was going into effect back in October it stated that applications already being processed wouldnt be affected. Theres a small chance that applications since that October date will now be retroactively required to file it, but most think it will only affect new applications from whenever the new effective date will be.

 

[gelali 1]

I’m so confused by this. Does this mean during the AOS they will check if you’ve ever enrolled in anything related to public assistance?! Or is there gonna be a new income requirement. I’m gonna be filing for the k1 soon & this is stressing me out. I‘ve never applied for government help but I make about 35k which is above the income requirements as of now.. should I be worried? 

[Crazy Cat 41,845]

10 minutes ago, gelali said:

I’m so confused by this. Does this mean during the AOS they will check if you’ve ever enrolled in anything related to public assistance?! Or is there gonna be a new income requirement. I’m gonna be filing for the k1 soon & this is stressing me out. I‘ve never applied for government help but I make about 35k which is above the income requirements as of now.. should I be worried? 

If and when the I-944 requirement starts, there will be multiple factors considered:

https://www.aila.org/File/Related/19081200c.pdf

[Orangesapples 1,954]

10 minutes ago, gelali said:

I’m so confused by this. Does this mean during the AOS they will check if you’ve ever enrolled in anything related to public assistance?! Or is there gonna be a new income requirement. I’m gonna be filing for the k1 soon & this is stressing me out. I‘ve never applied for government help but I make about 35k which is above the income requirements as of now.. should I be worried? 

With a low income like that, wouldn't the CR1 be better? Your fiance will be able to start working right away. 

[HRQX 4,145]

11 hours ago, guyfromky said:

I was going to try to get my wife on my workplace health insurance plan by switching to a family plan but she needs an SSN before that can be done.

SSN isn't required. From the government: "You should advise your coverage provider that you do not have an SSN or TIN and give them the date of birth for each covered individual." https://www.irs.gov/affordable-care-act/questions-and-answers-about-reporting-social-security-numbers-to-your-health-insurance-company

11 hours ago, guyfromky said:

So we went to a nearly Social Security place to get her a Social Security number and the lady there said we had to wait until after she gets her green card before she can get one.

If you went when she had more than 14 days left on her I-94 then that SSA employee was misinformed. In that scenario, you could have tried going to a different SSA office. From SSA Program Operations Manual System: https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

Edited January 29, 2020 by HRQX

[gelali 1]

1 hour ago, Orangesapples said:

With a low income like that, wouldn't the CR1 be better? Your fiance will be able to start working right away. 

I’m sure will be okay  we are both fully aware it’s gonna take time to be settled as we are both still in our early 20’s. Thanks for worrying though.

Edited January 29, 2020 by gelali

[Orangesapples 1,954]

47 minutes ago, gelali said:

I’m sure will be okay  we are both fully aware it’s gonna take time to be settled as we are both still in our early 20’s. Thanks for worrying though.

Speaking from experience, the time between filing for AOS and receiving EAD was pretty hard on me and it only took like 4 months, it's taking longer now. And that's without worrying about finances as my spouse has a well paying job. So I really don't recommend you the K1 but it's up to you. 

[jasonlzak 173]

On 1/28/2020 at 10:56 PM, NikLR said:

If you're denied for public charge, then there shouldn't be a "reapply" option either. 

Um, under Trump administration (any immigration rules that come out from this president are designed to cut the numbers of legal immigration), one could be subjected to public charge but it does not necessarily mean that person will be under other administrations. Telling one should not reapply if he/she was denied for public charge under this anti-immigration administration is pretty,... uhm,..... Since you mentioned you are an immigrant, I bet you came to this country through the old system and Trump was not the president at that time. So I guess "Me is Okay but not the others".