I-751 - New public charge rules and how if it affects ?

[Alexmat1 9]

There is a new rule on public charge that comes into effect soon - https://www.uscis.gov/news/alerts/public-charge-inadmissibility-final-rule-revised-forms-and-updated-policy-manual-guidance

 

Basically if the resident alien has accepted public benefits in the past or their financial situation signals to USCIS or the officer that they could be a potential public charge (relying on government benefits/welfare) , then their application could be denied.

 

In my case I had applied for I-751 (as my marriage ended in divorce) but it was denied previously because the divorce case was pending in court, and USCIS needs the divorce decree to process the application. With the denial of my I-751  I was told I have to surrender my Green card and await NTA at court. The NTA didnt come for about 1.5 years so I am reapplying with I-751 with more proofs and divorce decree this time as my divorce concluded in court. But during this time because of the termination of my green card , I couldnt work, and hence had to rely on government benefits (like food stamps and Medicaid) for about 2 years. I also applied for the fee waiver for I-751 while reapplying the second time. I also have considerable credit card debt and would be filing for bankruptcy to clean the slate and begin afresh.

 

I have the following queries if someone can help me with it:

1) While my second application is processed, would my reliance on government benefits and the lack of a job now (I cant work without a valid Green card and which I wont get until I-751 is successfully processed) be considered as public charge and thus I-751 denied ? 

2) Even if my I-751 application is approved and I get my green card, and I travel out of the country and re-enter, can the officer consider my past reliance on public benefits and bankruptcy as public charge and deny me entry ?  Is this a risk I will carry on, thereby limiting my travel outside US  ?

 

Thanks for any advise in this regard. 

[mseck8688 16]

15 minutes ago, Alexmat1 said:

There is a new rule on public charge that comes into effect soon - https://www.uscis.gov/news/alerts/public-charge-inadmissibility-final-rule-revised-forms-and-updated-policy-manual-guidance

 

Basically if the resident alien has accepted public benefits in the past or their financial situation signals to USCIS or the officer that they could be a potential public charge (relying on government benefits/welfare) , then their application could be denied.

 

In my case I had applied for I-751 (as my marriage ended in divorce) but it was denied previously because the divorce case was pending in court, and USCIS needs the divorce decree to process the application. With the denial of my I-751  I was told I have to surrender my Green card and await NTA at court. The NTA didnt come for about 1.5 years so I am reapplying with I-751 with more proofs and divorce decree this time as my divorce concluded in court. But during this time because of the termination of my green card , I couldnt work, and hence had to rely on government benefits (like food stamps and Medicaid) for about 2 years. I also applied for the fee waiver for I-751 while reapplying the second time. I also have considerable credit card debt and would be filing for bankruptcy to clean the slate and begin afresh.

 

I have the following queries if someone can help me with it:

1) While my second application is processed, would my reliance on government benefits and the lack of a job now (I cant work without a valid Green card and which I wont get until I-751 is successfully processed) be considered as public charge and thus I-751 denied ? 

2) Even if my I-751 application is approved and I get my green card, and I travel out of the country and re-enter, can the officer consider my past reliance on public benefits and bankruptcy as public charge and deny me entry ?  Is this a risk I will carry on, thereby limiting my travel outside US  ?

 

Thanks for any advise in this regard. 

 

 

just get a lawyer its worth just reading this i feel your pain and suffering go get a lawyer 

[Balaji_v 121]

11 hours ago, Alexmat1 said:

There is a new rule on public charge that comes into effect soon - https://www.uscis.gov/news/alerts/public-charge-inadmissibility-final-rule-revised-forms-and-updated-policy-manual-guidance

 

Basically if the resident alien has accepted public benefits in the past or their financial situation signals to USCIS or the officer that they could be a potential public charge (relying on government benefits/welfare) , then their application could be denied.

 

In my case I had applied for I-751 (as my marriage ended in divorce) but it was denied previously because the divorce case was pending in court, and USCIS needs the divorce decree to process the application. With the denial of my I-751  I was told I have to surrender my Green card and await NTA at court. The NTA didnt come for about 1.5 years so I am reapplying with I-751 with more proofs and divorce decree this time as my divorce concluded in court. But during this time because of the termination of my green card , I couldnt work, and hence had to rely on government benefits (like food stamps and Medicaid) for about 2 years. I also applied for the fee waiver for I-751 while reapplying the second time. I also have considerable credit card debt and would be filing for bankruptcy to clean the slate and begin afresh.

 

I have the following queries if someone can help me with it:

1) While my second application is processed, would my reliance on government benefits and the lack of a job now (I cant work without a valid Green card and which I wont get until I-751 is successfully processed) be considered as public charge and thus I-751 denied ? 

2) Even if my I-751 application is approved and I get my green card, and I travel out of the country and re-enter, can the officer consider my past reliance on public benefits and bankruptcy as public charge and deny me entry ?  Is this a risk I will carry on, thereby limiting my travel outside US  ?

 

Thanks for any advise in this regard. 

I have looked into the weblink about the new rule you have provided in your post, but nowhere it is mentioned that it applies to resident aliens. I am not so sure though, but i think that rule applies to people who are applying for adjustment of status or to register as a permanent resident, not for conditional residents. But its always better to seek a legal advice on this matter.

[Chicken9999 4]

12 hours ago, Alexmat1 said:

There is a new rule on public charge that comes into effect soon - https://www.uscis.gov/news/alerts/public-charge-inadmissibility-final-rule-revised-forms-and-updated-policy-manual-guidance

 

Basically if the resident alien has accepted public benefits in the past or their financial situation signals to USCIS or the officer that they could be a potential public charge (relying on government benefits/welfare) , then their application could be denied.

 

In my case I had applied for I-751 (as my marriage ended in divorce) but it was denied previously because the divorce case was pending in court, and USCIS needs the divorce decree to process the application. With the denial of my I-751  I was told I have to surrender my Green card and await NTA at court. The NTA didnt come for about 1.5 years so I am reapplying with I-751 with more proofs and divorce decree this time as my divorce concluded in court. But during this time because of the termination of my green card , I couldnt work, and hence had to rely on government benefits (like food stamps and Medicaid) for about 2 years. I also applied for the fee waiver for I-751 while reapplying the second time. I also have considerable credit card debt and would be filing for bankruptcy to clean the slate and begin afresh.

 

I have the following queries if someone can help me with it:

1) While my second application is processed, would my reliance on government benefits and the lack of a job now (I cant work without a valid Green card and which I wont get until I-751 is successfully processed) be considered as public charge and thus I-751 denied ? 

2) Even if my I-751 application is approved and I get my green card, and I travel out of the country and re-enter, can the officer consider my past reliance on public benefits and bankruptcy as public charge and deny me entry ?  Is this a risk I will carry on, thereby limiting my travel outside US  ?

 

Thanks for any advise in this regard. 

Public charge did not affect i-751, it's only affect to person who want to apply green card or change their status in US only

Edited February 20, 2020 by Chicken9999

[Alexmat1 9]

I saw this on this USCIS site : https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility

 

"While most lawful permanent residents are not subject to inadmissibility determinations, including public charge inadmissibility, upon their return from a trip abroad, some lawful permanent residents can be subject to the public charge ground of inadmissibility because specific circumstances dictate that they be considered applicants for admission. "

 

This is very scary - Does this mean if I travel outside US and re enter, I will be inadmissible, because of the public charge ground ? 

 

 

It also says this:

 The following factors will generally weigh heavily in favor of a finding that an alien is likely at any time to become a public charge: 

• The alien is not a full-time student and is authorized to work but cannot show current employment, recent employment history, or a reasonable prospect of future employment. 

In my case my previous I 751 was denied, thus my conditional card has expired. I cannot legally work. I am not sure if this is considered I am not authorized to work and thus if I will be excluded from the public charge finding based on the above line.