Future IR 5 application - Will my mom denied IR-5 under new public charge rule?

[ivantran85 1]

My mom had 10 years green card but she didnt want to live in the US at the time so she filed I-407.

Now she wants to move to the US to live closer with me and her grandchildren. How hard is it for me to file another IR-5 application for her? 10 years ago, filing IR-5 is piece of cake. Now not so much.

I heard that they might deny her IR-5 application because she deem to become public charge? Is it true that they can deny IR-5 application due to public charge rule? What can I do to help the application.

Her situation right now is 65, divorced, good credit score, own a house with me in the US, no US employment history, and butt loads of cash in Vietnam 🙂

 

[Chancy 6,243]

1 hour ago, ivantran85 said:

I heard that they might deny her IR-5 application because she deem to become public charge? Is it true that they can deny IR-5 application due to public charge rule? What can I do to help the application.

 

As your mom's primary sponsor, your financial capacity matters --

 

Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No, consular officers also looks at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos10

 

[Milasa 19]

We’ll know much more on how this rule will be applied once ir-5 interviews are resumed next year, 🤞. I think sponsor’s income, the age and health of a parent and their assets is what will be taken into account. It will probably also vary between countries.