Question on timeline for repealing public charge rules

[Snickerd00dle 0]

I am wondering if anyone has any idea about how long it could take for the public charge rules put into place under Trump to be reversed.

 

He signed an executive order on Tuesday asking DHS to review their actions in regard to implementing public charge and issue a report within 60 days. We are assuming that this EO is a precursor to repealing the changes, and the report report will be used as justification to roll the rules back to where sponsorship by the US citizen spouse is sufficient to overcome public charge admissibility. This would essentially reverse all of the changes put into place under Trump.

 

Assuming this goes ahead, how long is it likely to take until the current rules no longer apply? I know when they were going into effect there was a long drafting and notification period, with time taken for public comments and further review. Is this something we will also have to go through in order to get things rolled back? I dread having to wait another year.

 

Could it also be possible for the rules to be challenged again in court? I have heard some speculation that if this happens, and another nationwide injunction is issued as before, that DHS under Biden would choose not to appeal, essentially removing it until it can be officially repealed. I don't know of any active efforts to do this, but if anyone knows anything I would very much appreciate it.

 

Many thanks.

[Duke & Marie 1,389]

Based on these assumptions I assume it will be a considerable length of time before any assumed actions are taken to change current immigration legislation..... years, many years 

Edited February 5, 2021 by Duke & Marie

[Boiler 45,739]

I helped a friend fill in the I 944 and thought by the time they are interviewed it would most likely be redundant, but not expecting them to be interviewed until next year.

 

Now I thought it was very badly pout together but also that a lot of it was the sort of stuff you could impute from the I 864.

 

I would just fill it in and move on and worry about it when interviewed if it is still around.

[Cyberfx1024 7,980]

3 hours ago, Snickerd00dle said:

I am wondering if anyone has any idea about how long it could take for the public charge rules put into place under Trump to be reversed.

 

He signed an executive order on Tuesday asking DHS to review their actions in regard to implementing public charge and issue a report within 60 days. We are assuming that this EO is a precursor to repealing the changes, and the report report will be used as justification to roll the rules back to where sponsorship by the US citizen spouse is sufficient to overcome public charge admissibility. This would essentially reverse all of the changes put into place under Trump.

 

Assuming this goes ahead, how long is it likely to take until the current rules no longer apply? I know when they were going into effect there was a long drafting and notification period, with time taken for public comments and further review. Is this something we will also have to go through in order to get things rolled back? I dread having to wait another year.

 

Could it also be possible for the rules to be challenged again in court? I have heard some speculation that if this happens, and another nationwide injunction is issued as before, that DHS under Biden would choose not to appeal, essentially removing it until it can be officially repealed. I don't know of any active efforts to do this, but if anyone knows anything I would very much appreciate it.

 

Many thanks.

You do know the public charge rules have been around for decades right?

[Duke & Marie 1,389]

2 hours ago, Cyberfx1024 said:

You do know the public charge rules have been around for decades right?

That’s right... I think i944 was more of a check compliance with legislative requirements type form more so than a  whole new rule..

 

my understanding of its introduction was merely a way of trump enforcing USCIS to ensure emigrants complied with immigration laws rather than think they can come here and claim welfare... which is fair enough since they haven’t paid into the system. 
 

so any “permanent” removal of the forms implementation would ultimately require changes to immigration legislation which will take years going off historical trends, since nobody can agree..

Edited February 5, 2021 by Duke & Marie

[Adventine 3,201]

6 hours ago, Boiler said:

I helped a friend fill in the I 944 and thought by the time they are interviewed it would most likely be redundant, but not expecting them to be interviewed until next year.

 

Now I thought it was very badly pout together but also that a lot of it was the sort of stuff you could impute from the I 864.

 

I would just fill it in and move on and worry about it when interviewed if it is still around.

I was also looking at the I-944 and got annoyed at how confusing it was. 

 

I hope by the time I'm required to fill it out, a much clearer and more organized version will be available. 

[Dr. Bob 48]

The whole premise of using an EO to repeal Trump's changes to the public charge rule is to bypass lengthy legislation.  One would hope that after the 60 day review period is over quick action will be taken.

Edited February 5, 2021 by Dr. Bob

[Boiler 45,739]

Reasonable to expect that any EO would then be subject to litigation

[Snickerd00dle 0]

On 2/4/2021 at 8:15 PM, Boiler said:

I helped a friend fill in the I 944 and thought by the time they are interviewed it would most likely be redundant, but not expecting them to be interviewed until next year.

 

Now I thought it was very badly pout together but also that a lot of it was the sort of stuff you could impute from the I 864.

 

I would just fill it in and move on and worry about it when interviewed if it is still around.

The problem is we're afraid that our AoS request will be denied should things not be rolled back before the interview. My foreign spouse has no documented work history in either the US or his country of origin. This is counted as a "heavily weighted negative" under the current framework, so even with health insurance, sponsorship, a HS degree, and no history of welfare they are still likely consider him a potential public charge and deny the green card.

 

On 2/4/2021 at 10:31 PM, Cyberfx1024 said:

You do know the public charge rules have been around for decades right?

Yeah, I do. I'm talking specifically about the new rules put in place by the previous administration, which provided a much more stringent framework for evaluating AoS. Prior to these changes, a declaration of sponsorship from a US citizen spouse was sufficient to overcome this barrier to adjustment.

 

On 2/5/2021 at 1:34 PM, Dr. Bob said:

The whole premise of using an EO to repeal Trump's changes to the public charge rule is to bypass lengthy legislation.  One would hope that after the 60 day review period is over quick action will be taken.

My understanding was that the changes couldn't be reversed via EO as they were done through the agency rule making process, and so only DHS could change them, but maybe I'm wrong?

[Cyberfx1024 7,980]

1 hour ago, Snickerd00dle said:

Yeah, I do. I'm talking specifically about the new rules put in place by the previous administration, which provided a much more stringent framework for evaluating AoS. Prior to these changes, a declaration of sponsorship from a US citizen spouse was sufficient to overcome this barrier to adjustment.

Much of the current public charge rule was to update the already existing law because it had been around for decades. There were provisions in the old law which spoke about cash payments to people and that had been ruled in court that even if you got electronic benefits that it didn't count because it was not considered "cash payments". Thus the reason for the updates that were needed. 

 

You forget that the new public charge law was not only about 944 documentation but other issues concerning sponsorship and specific benefits. I have seen people on here earning $80k a year wanting to petition for and sponsor 10 people before. Do you think  someone can sponsor that many people?

[Boiler 45,739]

2 hours ago, Snickerd00dle said:

The problem is we're afraid that our AoS request will be denied should things not be rolled back before the interview. My foreign spouse has no documented work history in either the US or his country of origin. This is counted as a "heavily weighted negative" under the current framework, so even with health insurance, sponsorship, a HS degree, and no history of welfare they are still likely consider him a potential public charge and deny the green card.

 

Yeah, I do. I'm talking specifically about the new rules put in place by the previous administration, which provided a much more stringent framework for evaluating AoS. Prior to these changes, a declaration of sponsorship from a US citizen spouse was sufficient to overcome this barrier to adjustment.

 

My understanding was that the changes couldn't be reversed via EO as they were done through the agency rule making process, and so only DHS could change them, but maybe I'm wrong?

So how do people sponsor their aged parents, well beyond retirement age?

 

I 944 just documented, rather badly the sort of things a CO would want to know.