DS-5540 (Public Charge Questionnaire)

[Angelikaa 5]

Good Day everyone!

 

I just wanted to ask if Biden administration has reversed Trump's public charge rule? Is DS-5540 still needed for immigration processing?

 

Thank you!

[HRQX 4,145]

1 hour ago, Angelikaa said:

I just wanted to ask if Biden administration has reversed Trump's public charge rule?

Not yet but the heads of the relevant agencies are required to eventually issue revised guidance as to the enforcement of INA §213A in light of section 1 of Biden's Feb. 2 Executive Order.

1 hour ago, Angelikaa said:

Is DS-5540 still needed for immigration processing?

That is not currently needed because of a court ordered preliminary injunction: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html "Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire."

[stm 61]

42 minutes ago, HRQX said:

Not yet but the heads of the relevant agencies are required to eventually issue revised guidance as to the enforcement of INA §213A in light of section 1 of Biden's Feb. 2 Executive Order.

That is not currently needed because of a court ordered preliminary injunction: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html "Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire."

when does the public charge rule actually matter, during i130 or embassy untervuw3 or nvc ? i am talking about the case of applying for parent or siblings of us citizen

[HRQX 4,145]

11 minutes ago, stm said:

or embassy untervuw3 or nvc ?

The relevant FAM section said (before the SDNY injunction decision): "Post will necessarily process some cases that were documentarily qualified by NVC or KCC prior to the effective date of the public charge rule or without the DS-5540. To help ensure a smooth transition, you should make every effort to inform applicants in advance of the visa interview of supporting documents that will help you resolve a public charge determination. This could include a request that applicants complete and upload the DS-5540 to the CEAC, or bring it with them to the interview. Posts may also request applicants bring with them to the interview supporting financial documents or other documentation post knows would be relevant."

 

But currently the preliminary injunction is still in place, so the October 2019 public charge guidance is not in place: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

Edited March 9, 2021 by HRQX

[SusieQQQ 11,586]

20 minutes ago, stm said:

when does the public charge rule actually matter, during i130 or embassy untervuw3 or nvc ? i am talking about the case of applying for parent or siblings of us citizen

By “actually matter”, do you mean at which stage does someone decide whether or not you have enough income? That is at the embassy interview. It is the consular officer who interviews you who decides on what you submit and the case overall.

[Angelikaa 5]

3 hours ago, HRQX said:

Not yet but the heads of the relevant agencies are required to eventually issue revised guidance as to the enforcement of INA §213A in light of section 1 of Biden's Feb. 2 Executive Order.

That is not currently needed because of a court ordered preliminary injunction: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html "Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire."

Thank you! ❤️ 

[stm 61]

8 hours ago, HRQX said:

The relevant FAM section said (before the SDNY injunction decision): "Post will necessarily process some cases that were documentarily qualified by NVC or KCC prior to the effective date of the public charge rule or without the DS-5540. To help ensure a smooth transition, you should make every effort to inform applicants in advance of the visa interview of supporting documents that will help you resolve a public charge determination. This could include a request that applicants complete and upload the DS-5540 to the CEAC, or bring it with them to the interview. Posts may also request applicants bring with them to the interview supporting financial documents or other documentation post knows would be relevant."

 

But currently the preliminary injunction is still in place, so the October 2019 public charge guidance is not in place: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

so basically,  for us citizen applying for siblings or parent he/she will not need to worry about the public charge rule until the interview at embassy. when applying for i130 at uscis the us citizen don't have to worry about it(worry= have to provide additional docs ...)

 

8 hours ago, SusieQQQ said:

By “actually matter”, do you mean at which stage does someone decide whether or not you have enough income? That is at the embassy interview. It is the consular officer who interviews you who decides on what you submit and the case overall.

I guess what I mean is, let's suppose public charge rule is in effect, when do we need to worry about it. When we file i130 (parent/siblings of us citizen) or at the interview or at NVC stage. it looks like it is needed during interview . thanks for your help

 

Edited March 9, 2021 by stm

[stm 61]

8 hours ago, HRQX said:

The relevant FAM section said (before the SDNY injunction decision): "Post will necessarily process some cases that were documentarily qualified by NVC or KCC prior to the effective date of the public charge rule or without the DS-5540. To help ensure a smooth transition, you should make every effort to inform applicants in advance of the visa interview of supporting documents that will help you resolve a public charge determination. This could include a request that applicants complete and upload the DS-5540 to the CEAC, or bring it with them to the interview. Posts may also request applicants bring with them to the interview supporting financial documents or other documentation post knows would be relevant."

 

But currently the preliminary injunction is still in place, so the October 2019 public charge guidance is not in place: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html

what is confusing to me is the uscis post below. They do have public charge rule in effect. So if i understand correctly uscis has the public charge in effect but that's for green card applicants that are in the us now .Other processes that go through embassy is different and do not require it at the moment.

 

https://www.uscis.gov/i-944

 

[SusieQQQ 11,586]

1 hour ago, stm said:

what is confusing to me is the uscis post below. They do have public charge rule in effect. So if i understand correctly uscis has the public charge in effect but that's for green card applicants that are in the us now .Other processes that go through embassy is different and do not require it at the moment.

 

https://www.uscis.gov/i-944

 

There is ALWAYS (and always has been) a public charge requirement to meet for sponsoring immigrants. What is confusing you seems to be what they are using at any particular time to assess that. Yes, USCIS deals with people in the US adjusting status rather than people getting interviewed for visas. 

[stm 61]

31 minutes ago, SusieQQQ said:

There is ALWAYS (and always has been) a public charge requirement to meet for sponsoring immigrants. What is confusing you seems to be what they are using at any particular time to assess that. Yes, USCIS deals with people in the US adjusting status rather than people getting interviewed for visas. 

Yes i know there is always public charge rule. I do have enough income to do not worry about it but now if you bring  your parents it is going to be harder and a lot of work to prove it. especially if they are old and you need to look for market place premiums and show you can afford it. it's just an extra hassel that takes time and i am hoping not yo go through or if i have to do it i am hoping.it is at the embassy stage and not uscis.

[HRQX 4,145]

2 hours ago, stm said:

what is confusing to me is the uscis post below.

Form I-944 is specifically for Adjustment of status cases inside of the US. Your parent and siblings cases would likely be through consular processing NOT adjustment of status.

[SusieQQQ 11,586]

42 minutes ago, stm said:

Yes i know there is always public charge rule. I do have enough income to do not worry about it but now if you bring  your parents it is going to be harder and a lot of work to prove it. especially if they are old and you need to look for market place premiums and show you can afford it. it's just an extra hassel that takes time and i am hoping not yo go through or if i have to do it i am hoping.it is at the embassy stage and not uscis.

Just realized you are not OP, if you have your own question VJ terms are that you start your own thread rather than hijack

[SalishSea 17,832]

5 hours ago, stm said:

what is confusing to me is the uscis post below. They do have public charge rule in effect. So if i understand correctly uscis has the public charge in effect but that's for green card applicants that are in the us now .Other processes that go through embassy is different and do not require it at the moment.

 

https://www.uscis.gov/i-944

 

Public charge is and will continue to be a condition for inadmissibility.  

[SalishSea 17,832]

3 hours ago, stm said:

Yes i know there is always public charge rule. I do have enough income to do not worry about it but now if you bring  your parents it is going to be harder and a lot of work to prove it. especially if they are old and you need to look for market place premiums and show you can afford it. it's just an extra hassel that takes time and i am hoping not yo go through or if i have to do it i am hoping.it is at the embassy stage and not uscis.

You will definitely eventually have to worry about it.  Regardless of which forms are in use, your elderly parents will not be eligible for medicare or SSI  (or any public benefits) when they immigrate.