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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted (edited)
5 hours ago, Jammin19 said:

Just thought I’ll share...Today a Federal judge in New York block Trumps public charge rule Nationwide at least until this pandemic is behind us

Great news! Thanks for the update.

20 minutes ago, aus2tx said:

I think it only applies to AOS or immigrants in the US already, not for those of us applying from outside the US

Since immigrants in the U.S. applying for green card status don't qualify for most welfare programs, the public charge rule mostly affects those seeking to move to the country from abroad. To determine whether prospective immigrants are likely to become a "public charge," caseworkers consider their wealth, age, educational skills, English language proficiency and health. Source: CBSNEWS

Edited by Stacey Ann
Posted (edited)
1 hour ago, Stacey Ann said:

Great news! Thanks for the update.

Since immigrants in the U.S. applying for green card status don't qualify for most welfare programs, the public charge rule mostly affects those seeking to move to the country from abroad. To determine whether prospective immigrants are likely to become a "public charge," caseworkers consider their wealth, age, educational skills, English language proficiency and health. Source: CBSNEWS

I understand the implications of public charge, but it also affects here:

 

Under the rule, any immigrant who receives at least one designated public benefit — including Medicaid, food stamps, welfare or public housing vouchers — for more than 12 months within any three-year period will be considered a “public charge” and will be more likely to be denied a green card” Source: TheHill

 

which would affect immigrants & green card seekers already in the US

 

tldr: I’m not holding my breath

Edited by aus2tx
Filed: Country: Jamaica
Timeline
Posted

The ruling specifically addresses if petitioner/sponsor due to COVID-19 have had to apply and use food stamps, medicaid, etc...(public charge services) due to loss of income and job that public charge rule does not apply in these instances.

 

It does not address if this does not apply (COVID-19 related poverty) to the petitioner/sponsor that public charge ruling does not apply.  

Phase I - IV - Completed the Immigration Journey 

 

 

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted
5 hours ago, aus2tx said:

I think it only applies to AOS or immigrants in the US already, not for those of us applying from outside the US

No it is nationwide to “applicants for visas at U.S Embassies and consulates abroad” that is actually what the ruling states. However it is temporary for now until the national emergency is lifted and with the pandemic getting worse as per the judge we don’t know when that will be.

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted
2 minutes ago, Jammin19 said:

No it is nationwide to “applicants for visas at U.S Embassies and consulates abroad” that is actually what the ruling states. However it is temporary for now until the national emergency is lifted and with the pandemic getting worse as per the judge we don’t know when that will be.

 

27 minutes ago, Pinkrlion said:

The ruling specifically addresses if petitioner/sponsor due to COVID-19 have had to apply and use food stamps, medicaid, etc...(public charge services) due to loss of income and job that public charge rule does not apply in these instances.

 

It does not address if this does not apply (COVID-19 related poverty) to the petitioner/sponsor that public charge ruling does not apply.  

There are 2 injunctions, one against DHS for US immigrants who would be applying for green cards and one against DOS for immigrants applying for entry into the US. The injunction prevents either entity from applying the public charge rule against said immigrants during the pandemic. Of course this will most likely now go to the supreme court for their ruling. They gave 45 the go ahead in January for this public charge rule, but of course that was before all hell broke loose with Covid-19🤦🏾‍♀️

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted
3 hours ago, aus2tx said:

I understand the implications of public charge, but it also affects here:

 

Under the rule, any immigrant who receives at least one designated public benefit — including Medicaid, food stamps, welfare or public housing vouchers — for more than 12 months within any three-year period will be considered a “public charge” and will be more likely to be denied a green card” Source: TheHill

 

which would affect immigrants & green card seekers already in the US

 

tldr: I’m not holding my breath

The rule would also require beneficiaries abroad to prove health insurance within 30days Of entering the US and the new public charge forms DS 5540 or the I-944 which ever one that would be apply to that beneficiary, so basically with the block yesterday by the judge they cannot enforce the public charge rule whether in the US or abroad. 

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted
1 minute ago, Jammin19 said:

The rule would also require beneficiaries abroad to prove health insurance within 30days Of entering the US and the new public charge forms DS 5540 or the I-944 which ever one that would be apply to that beneficiary, so basically with the block yesterday by the judge they cannot enforce the public charge rule whether in the US or abroad. 

Yea, that's my take away from it too.

Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
Posted
8 minutes ago, Stacey Ann said:

 

There are 2 injunctions, one against DHS for US immigrants who would be applying for green cards and one against DOS for immigrants applying for entry into the US. The injunction prevents either entity from applying the public charge rule against said immigrants during the pandemic. Of course this will most likely now go to the supreme court for their ruling. They gave 45 the go ahead in January for this public charge rule, but of course that was before all hell broke loose with Covid-19🤦🏾‍♀️

Yes, but also in March NY went to court to try and get it stopped due to the pandemic and it was denied Because they had said that anyone that obtained assistance due to the pandemic would not be count against them with the public charge, however NY went back to court again arguing that the pandemic has gotten worse and no one should worry about whether they should or should not seek assistance and the federal judge George Daniels in Manhattan said the worsening coronavirus pandemic provided more urgency and he issued a temporary block nationwide.

 

 

 
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