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

[Sweetdreaming 397]

5 minutes ago, Fe.Ta said:

Thank you for your response. Right, I know it affects AOS, but we filed in September 2019 before any of these deadlines. So, if I am correct (please correct me if I am not), it does not apply to our case but others to follow. 

it states so here 

 

"The final rule will apply only to applications and petitions postmarked (or if applicable, submitted electronically) on or after Feb. 24, 2020."

 

https://www.uscis.gov/i-485

Edited January 31, 2020 by skjourney

[HRQX 4,145]

1 hour ago, Fe.Ta said:

The little that I was able to glance at it, it seems that bringing my in-laws 5 years from now (for example)

5 years from now policies, etc. can change. But right now there is separate DOS rule: 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 If you want to discuss the DOS rule further, there are relevant threads below:

Also, there is the temporarily blocked Presidential proclamation; see thread below:

 

Edited January 31, 2020 by HRQX

[Fe.Ta 874]

4 minutes ago, HRQX said:

5 years from now policies, etc. can change. But right now there is separate DOS rule: 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 If you want to discuss the DOS rule further, there are relevant threads below:

Also, there is the temporarily blocked Presidential proclamation; see thread below:

 

Thank you for being so thorough.  Yes, we figured that long-term, we would need to research when the time comes (if it does).  Mainly we were more concerned about the tourist visa, which it does not apply it seems like.  Thanks!

[HRQX 4,145]

25 minutes ago, Fe.Ta said:

Mainly we were more concerned about the tourist visa, which it does not apply it seems like.

Correct

25 minutes ago, Fe.Ta said:

Yes, we figured that long-term, we would need to research when the time comes (if it does).

Assuming the following page still exists then and remains up to date, that page has a thorough summary of the public charge topic: https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/current-status-public-charge The only currently outdated part is: "It is not clear at this time what “effective date” the agency will use for purposes of determining which applications will be subject to the old or the new public charge definition." "We are awaiting confirmation from DHS as to the effective date of the final rule..." They'll probably soon update that part.

Edited January 31, 2020 by HRQX

[MexicoExpat 18]

2 hours ago, missileman said:

This public charge rule expansion does not affect the issuing of immigrant visas.  It does, however, affect those applying for adjustment of status.  This is a USCIS rule.

 

Check table 2 and table 3 in the following document:

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

My wife and I are midway through the process of doing Direct Consular Filing, applying from Mexico where we are both residents, neither of us being Mexican.

 

As I understand this, we will not be subjected ot this change at all, since we are applying form outside the US?

 

If it matters at all, we submitted the I-130 on October 29th 2019 and our immigrant visa interview is scheduled for March 30 2020. 

[HRQX 4,145]

15 minutes ago, MexicoExpat said:

If it matters at all, we submitted the I-130 on October 29th 2019 and our immigrant visa interview is scheduled for March 30 2020. 

If the new DOS Public Charge Questionnaire is made available before the interview, then you might need to bring it completed with the requested info to the interview. To discuss it further there are relevant threads below:

Also: "Plaintiffs’ motion for a preliminary injunction and the government’s motion to dismiss will be heard on March 17, 2020" https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/current-status-public-charge

Edited January 31, 2020 by HRQX

[MexicoExpat 18]

Thanks, I did read those two threads, but the latest posts were from October, I didn't know if any new info was available. 

 

Is it possible that this goes into effect on March 17th, less than 2 weeks form our visa interview? I'm unsure if that would be enough time to get all of our ducks in a row. 

[geowrian 22,337]

Possible? Yes.

Likely? Probably not IMO.

[Hzz99 3]

5 minutes ago, geowrian said:

Possible? Yes.

Likely? Probably not IMO.

But isn't DHS public charge also applies on admission? so technically even if DOS doesn't implement it you will still be subjected to public charge at POE?

[MexicoExpat 18]

Thanks for the reply - I guess it's all speculation anyways, but in the case of it going through on March 17th, would they possibly not apply it to our case, due to the dates?

 

Just seems like a crazy thing to expect us to have everything prepared when they just changed the law less than 2 weeks from our interview date. 

[Crazy Cat 41,886]

9 minutes ago, Hzz99 said:

But isn't DHS public charge also applies on admission? 

No.  The rule specifically says the public rule is applied at Adjustment of Status. I have seen no cases where a new immigrant was denied entry at POE due to public charge issues.

 

If you have a source document stating otherwise, please post it.

Edited January 31, 2020 by missileman

[Hzz99 3]

Just now, missileman said:

I have seen no cases where a new immigrant was denied entry due to public charge issues.

Yes, I already received my visa but I won't be entering for 5 more months and according to USCIS public charge will be applied on admission after Feb 24th but I don't know how it will be enforced cause they said in their document that they won't require a self sufficiency form but will still be subjected to public charge. It is not clear yet I am waiting for them to publish the guidelines next week to see.

[Crazy Cat 41,886]

3 minutes ago, Hzz99 said:

Yes, I already received my visa but I won't be entering for 5 more months and according to USCIS public charge will be applied on admission after Feb 24th but I don't know how it will be enforced cause they said in their document that they won't require a self sufficiency form but will still be subjected to public charge. It is not clear yet I am waiting for them to publish the guidelines next week to see.

 

Please show the applicable part of the rule expansion stating that visa holders will be subject to the public charge rule.. 

Edited January 31, 2020 by missileman

[Hzz99 3]

1 minute ago, missileman said:

 

Please show the applicable part of the rule expansion stating that.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (Green Card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

 

Also DOS public charge rule summary states

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.

[HRQX 4,145]

9 minutes ago, Hzz99 said:

Yes, I already received my visa but I won't be entering for 5 more months and according to USCIS public charge will be applied on admission after Feb 24th

Not on "admission." https://www.uscis.gov/news/news-releases/uscis-announces-public-charge-rule-implementation-following-supreme-court-stay-nationwide-injunctions For I-485 "postmarked (or submitted electronically) on or after Feb. 24, 2020" "Finally, the Final Rule includes a requirement that aliens seeking an extension or stay of change of status demonstrate that they have not received public benefits over the designated threshold since obtaining the nonimmigrant status they seek to extend or change."

5 minutes ago, Hzz99 said:

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (Green Card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

 

Also DOS public charge rule summary states

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.

To discuss the DOS interim final rule there is a separate thread:

 

Edited January 31, 2020 by HRQX