Change in status (merged)

[Ontarkie 13,975]

~~One Post edited for bypassing language filter and one quoted. Do not do that again.~~

[poolemit 25]

Florida racer, as they say, ignorance is bliss

 

Ontarkie, sorry about that.

[florida racer 73 200]

1 minute ago, poolemit said:

Florida racer, as they say, ignorance is bliss

 

Ontarkie, sorry about that.

Whatever..... if you say!

 

good luck in what you are trying to accomplish

[florida racer 73 200]

https://amp.washingtontimes.com/news/2018/jul/5/dhs-expands-power-initiate-deportations/

 

just read this on google news, as I said before just enforcing the current laws, false documents, lying, fraud, misreapensations, criminal charges.

 

It helps to read articles from all mainstream media and then to think for one self about what is the truth and what is not, that is the only way to make an informed decision

[geowrian 22,336]

35 minutes ago, little immigrant said:

But so if one really gets a Notice to Appear, does this in itself already mean the end? I mean one still gets a hearing before a judge?

It's definitely not the end. Removal proceedings can often be delayed considerably, and one gets to argue their case in front of an IJ (barring a very limited set of circumstances).

It's not a fun experience, I'm sure, but is far from the end of the line.

 

For example, a denied I-485 due to the public charge concern would be fairly pointless to refer to an IJ unless they are absolutely certain the petitioner could not meet the financial requirements nor find a joint sponsor. Same if it was denied due to not responding to an RFE or something (barring ignoring the denial and not refiling).

[ch3john 308]

"You can't believe everything you read on the internet'

 

-Benjamin Franklin

[pauli 49]

I'm just trying to state facts, not opinions.  Regarding the "public charge" scenario...

 

The Department of Homeland Security has drafted rules that would expand the types of public benefits used to determine if a green card applicant may become a public charge.  As I understand it, current rules only factor in cash benefits.  This would be expanded to non-cash benefits such as food assistance programs, preschool programs, health insurance subsidies, etc.  In addition, it would be taken into account if an applicant's US citizen child were receiving such benefits (such as Children's Health Insurance Program (CHIP)).

 

It's just a draft and the officer would consider the totality of the situation before making a judgment.  But as I read it, the draft does imply that someone with an expensive medical condition who marries and obtains health insurance at subsidized rate through Obamacare could be denied adjustment of status based on public charge determination.  As hypothetically could an AOS applicant with a US citizen child who receives CHIP assistance.  In fact, the AOS applicant could be denied if the officer thinks he or she is likely to become a public charge at any time in the future.

 

From the draft (link below):

 

"If the Secretary of Homeland Security determines that an alien applying for admission or adjustment of status is likely to become a public charge at any time, the alien is inadmissable under section 212(a)(4) of the Act.....

 

(a) Prospective determination. The Secretary must determine the likelihood that an alien will become a public charge at any time in the future.

 

...

 

(b) Totality of circumstances. The Secretary must base the determination on the totality of the alien's circumstances by weighing all positive and negative factors

 

...

 

(e) Heavily weighted negative factors. The following factors weigh heavily in favor of a finding that an alien is likely to become a public charge:

 

...

              (4) The alien has a costly medical condition and is unable to show proof of unsubsidized health insurance, prospect of obtaining unsubsidized health insurance, or other non-governmental means of paying for treatment."

 

 

 

Here's the draft: https://cdn.vox-cdn.com/uploads/chorus_asset/file/10188201/DRAFT_NPRM_public_charge.0.pdf

 

And more reading:

https://www.reuters.com/article/us-usa-immigration-services-exclusive/exclusive-trump-administration-may-target-immigrants-who-use-food-aid-other-benefits-idUSKBN1FS2ZK

https://www.nytimes.com/2018/03/06/us/politics/trump-immigrants-public-nutrition-services.html

https://www.washingtonpost.com/world/national-security/trump-proposal-would-penalize-immigrants-who-use-tax-credits-and-other-benefits/2018/03/28/4c6392e0-2924-11e8-bc72-077aa4dab9ef_story.html?utm_term=.ca11dff5fb38

https://www.kff.org/disparities-policy/fact-sheet/proposed-changes-to-public-charge-policies-for-immigrants-implications-for-health-coverage/

https://www.migrationpolicy.org/research/chilling-effects-expected-public-charge-rule-impact-legal-immigrant-families

 

[Crazy Cat 39,731]

10 hours ago, florida racer 73 said:

https://amp.washingtontimes.com/news/2018/jul/5/dhs-expands-power-initiate-deportations/

 

just read this on google news, as I said before just enforcing the current laws, false documents, lying, fraud, misreapensations, criminal charges.

 

It helps to read articles from all mainstream media and then to think for one self about what is the truth and what is not, that is the only way to make an informed decision

Thanks for posting this more objective article. The "age of information" has now become "the age of misinformation"....all spurred by Trump hate, imo.

 

 

This quote from the article you linked is a more objective view of the change, imo:

"The memos, dated June 28, tell agency employees to be on the lookout for people who apply for naturalization or other legal immigration benefit but who have criminal records, used bogus documents, lied about their applications or had abused public benefit programs.

In the past those might have been enough to reject the application, but USCIS would either drop the issue at that point or refer the case to U.S. Immigration and Customs Enforcement for possible deportation. Under the new guidelines USCIS employees are now urged to begin the deportation process themselves."

Edited July 8, 2018 by missileman

[florida racer 73 200]

1 hour ago, missileman said:

Thanks for posting this more objective article. The "age of information" has now become "the age of misinformation"....all spurred by Trump hate, imo.

 

 

This quote from the article you linked is a more objective view of the change, imo:

"The memos, dated June 28, tell agency employees to be on the lookout for people who apply for naturalization or other legal immigration benefit but who have criminal records, used bogus documents, lied about their applications or had abused public benefit programs.

In the past those might have been enough to reject the application, but USCIS would either drop the issue at that point or refer the case to U.S. Immigration and Customs Enforcement for possible deportation. Under the new guidelines USCIS employees are now urged to begin the deportation process themselves."

Yes sir, As I said, we NEED to look at multiple sources for our news and make our own informed decisions!

 

unfortunally, there is way to much propaganda out there and the facts are being clouded.

 

[pauli 49]

3 hours ago, missileman said:

Thanks for posting this more objective article. The "age of information" has now become "the age of misinformation"....all spurred by Trump hate, imo.

 

 

This quote from the article you linked is a more objective view of the change, imo:

"The memos, dated June 28, tell agency employees to be on the lookout for people who apply for naturalization or other legal immigration benefit but who have criminal records, used bogus documents, lied about their applications or had abused public benefit programs.

In the past those might have been enough to reject the application, but USCIS would either drop the issue at that point or refer the case to U.S. Immigration and Customs Enforcement for possible deportation. Under the new guidelines USCIS employees are now urged to begin the deportation process themselves."

Links to memos referred in article:

https://www.aila.org/infonet/uscis-issues-policy-memo-on-ntas-for-cases

 

https://www.aila.org/infonet/uscis-issues-policy-memo-with-updated-guidance-nta

 

And for what it's worth, some comments from AILA's Director of Government Relations:

 

https://www.aila.org/publications/videos/quicktakes/quicktake-245-uscis-guidance-on-issuance-of-ntas

 

 

[rlm1893 29]

12 hours ago, pauli said:

Links to memos referred in article:

https://www.aila.org/infonet/uscis-issues-policy-memo-on-ntas-for-cases

 

https://www.aila.org/infonet/uscis-issues-policy-memo-with-updated-guidance-nta

 

And for what it's worth, some comments from AILA's Director of Government Relations:

 

https://www.aila.org/publications/videos/quicktakes/quicktake-245-uscis-guidance-on-issuance-of-ntas

 

 

After reading Alia.org's site, it is clearly Anti-Trump, not an un-biased Immigration Lawyers Association.

 

In  reference to any Family-based immigration, the American spouse is 100% responsible for the care of your Fiancée, Spouse, their children for 10 years. Meaning when the American Fiancée or Spouse completes the I-134, they are agreeing to the conditions within the immigration laws. If at any time during that 10 years your foreign spouse becomes a ward of the state, you as the sponsor will have to pay the government back, and your spouse is subject to deportation. That law is not new. Even the non-family based immigrants that have a sponsor, and those sponsors are also responsible for the immigrant they sponsored. There is No right to receive government assistance, i.e. EBT Card, subsidized housing or Welfare Income (SSI), whether you are natural born U.S. citizen or an immigrant.

For example, any time before Trump....If you applied for a K1 visa, and you failed to get married within the 90 days from the POE, your fiancée will be deported. If you got married and sent your AOS after 91 days from the POE, your spouse will be deported. You could appeal then and you can appeal now, but then and now there are very few exceptions to grant your appeal. It is incumbent, that the couple complies with the rules and the laws. And if you don't, it is your fault, not the Government's, USCIS's , ICE, or Trumps fault.....It is yours and yours alone.

In simple terms, I will compare this to obtaining a drivers license....When you get a drivers license, It is a Privilege, not a Right. You sign a form that states that license can be taken from you if you don't follow the laws. I.E. You get stopped for drunk driving.....When you signed for your license you agreed to submit to a blood alcohol test, if you refuse, you license is automatically Suspended. Period. You can appeal it in court, but it doesn't mean you have a Constitutional Right to drive.

Anyone that thinks Trump is Anti-Immigration has watched too much CNN......His current wife and his former wife are both immigrants. No laws that existed or new ones effect Family based immigration, except ones that were based on fraud. I personally agree with the laws that would stop an immigrant from coming here and living in free housing, free food, and free money, mainly since that money isn't free......it comes from my taxes and yours. This is the Land of the Free, Not the Land of Free money!