New public charge rule [merged threads]

[JeanneAdil 6,329]

https://www.govinfo.gov/content/pkg/FR-2022-09-09/pdf/2022-18867

 

the new rule goes into effect December 23, 2022 for petitions dated on that date or after

 

 

its 168 pages of read and i have read and reread as it's like all other legal documents a hard read /goes back and forth from the 1999 rule to the 2019 rule to this new one 

 

what i do get out of it is the following

 

Under the INA, noncitizens are inadmissible and therefore (1) ineligible for a visa, (2) ineligible for admission, and (3) ineligible for adjustment of status, if, in the opinion of DHS (or the Department of Justice (DOJ)) or consular officers of the Departments of State (DOS), as applicable),2 they are likely at any time to become a public charge.3 While the statute does not define the term ‘‘public charge,’’ it does provide that in making an inadmissibility determination, administering agencies must ‘‘at a minimum consider the alien’s age; health; family status; assets, resources, and financial status; and education and skills.’’ 4 The agencies may also consider an Affidavit of Support Under Section 213A of the INA submitted on the noncitizen’s behalf when such is required.

 

bottom of page 4 into 5 details the non citizen'd health,  family,  assets,  and education and what will determine "totality of circumstances

 

 

the September 9, 2022 final rule for Public Charge Ground of inadmissibility makes an attempt to define "public charge"   

 

 

page 5.   DHS is amending 8 CFR 213.1, relating to the acceptance of public charge bonds. With these amendments, DHS is: • Adding a new paragraph specifying that USCIS may invite adjustment of status applicants who are inadmissible only under section 212(a)(4) of the INA, 8 U.S.C. 1182(a)(4), and whose applications are otherwise approvable, to submit a public charge bond in USCIS’ discretion and clarifying that USCIS will set the bond amount and provide instructions for submission of the bond; • Modifying the existing

[Chancy 6,235]

*** Moved from Bringing Family of USC forum to US Immigration News/Discussion ***

 

[OldUser 5,352]

USCIS be like: Happy Holidays!

[JeanneAdil 6,329]

It's a long read and i am only part way thru 

 

On August 14, 2019, DHS issued a different rule on this topic, Inadmissibility on Public Charge Grounds Final Rule (2019 Final Rule), which is no longer in effect. This rule implements a different policy than the 2019 Final Rule.

 

https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

[Chancy 6,235]

*** Merged related threads ***