Mega Thread for All questions regarding Public Charge

[Worried23 1]

I did not see this thread before I posted my question in the ROC forum, many apologies... I am reposting my question here and hope a mod could kindly remove my question from the other forum. 

 

Thank you everyone for your attention to my question. 

 

According to the proposed rule change about inadmissibility based on the alien being, or potentially becoming a “public charge” in the future, there is a part in the guidelines that states that a heavily weighted negative factor that will be considered when processing an immigrant is that they are not employed. 

 

I am a Canadian citizen. I obtained my conditional green card in 2017 and I will be applying for ROC in January of 2019. My husband and I are in our early thirties and we have no children. He makes about 70k a year, but I am not employed. I have a bachelors degree and he holds a postgrad degree. 

 

Since I am not working, the income for our combined household of 2 is 71k. Due to the degree of support I provide to my husband domestically, he wishes that I do not seek out employment during the next two years and instead focus on supporting him in his career goals. 

 

Given the above information, do you think that our situation, if it remains unchanged into 2019, would impact my ROC application negatively since my lack of employment may cause the officer to view me as a potential future public charge? 

 

Edited October 3, 2018 by Worried23

[TBoneTX 43,069]

2 minutes ago, Worried23 said:

I am reposting my question here and hope a mod could kindly remove my question from the other forum. 

Done.  

[Boiler 43,463]

21 minutes ago, Worried23 said:

I did not see this thread before I posted my question in the ROC forum, many apologies... I am reposting my question here and hope a mod could kindly remove my question from the other forum. 

 

Thank you everyone for your attention to my question. 

 

According to the proposed rule change about inadmissibility based on the alien being, or potentially becoming a “public charge” in the future, there is a part in the guidelines that states that a heavily weighted negative factor that will be considered when processing an immigrant is that they are not employed. 

 

I am a Canadian citizen. I obtained my conditional green card in 2017 and I will be applying for ROC in January of 2019. My husband and I are in our early thirties and we have no children. He makes about 70k a year, but I am not employed. I have a bachelors degree and he holds a postgrad degree. 

 

Since I am not working, the income for our combined household of 2 is 71k. Due to the degree of support I provide to my husband domestically, he wishes that I do not seek out employment during the next two years and instead focus on supporting him in his career goals. 

 

Given the above information, do you think that our situation, if it remains unchanged into 2019, would impact my ROC application negatively since my lack of employment may cause the officer to view me as a potential future public charge? 

 

I think you need to stop reading the MSM's and get on with your life.

[CarlHamilton 252]

21 minutes ago, Worried23 said:

I did not see this thread before I posted my question in the ROC forum, many apologies... I am reposting my question here and hope a mod could kindly remove my question from the other forum. 

 

Thank you everyone for your attention to my question. 

 

According to the proposed rule change about inadmissibility based on the alien being, or potentially becoming a “public charge” in the future, there is a part in the guidelines that states that a heavily weighted negative factor that will be considered when processing an immigrant is that they are not employed. 

 

I am a Canadian citizen. I obtained my conditional green card in 2017 and I will be applying for ROC in January of 2019. My husband and I are in our early thirties and we have no children. He makes about 70k a year, but I am not employed. I have a bachelors degree and he holds a postgrad degree. 

 

Since I am not working, the income for our combined household of 2 is 71k. Due to the degree of support I provide to my husband domestically, he wishes that I do not seek out employment during the next two years and instead focus on supporting him in his career goals. 

 

Given the above information, do you think that our situation, if it remains unchanged into 2019, would impact my ROC application negatively since my lack of employment may cause the officer to view me as a potential future public charge? 

 

I don't know the answer to your substantive question, but you may not have to worry about it for procedural reasons.  The proposed rule hasn't been published in the Federal Register (as of yesterday, I'm not compulsively checking it) - that will start a 60-day period for public comments, which will be digested and reflected in a revised version of the rule, which in turn will have to be published in the Federal Register and will not be effective for another 60 days after publication.  Looking at the calendar, the new requirements are unlikely to affect you if you apply in January 2019. 

[Worried23 1]

4 minutes ago, Boiler said:

I think you need to stop reading the MSM's and get on with your life.

I’m not sure how this is a constructive response to my question. 

[Worried23 1]

1 minute ago, CarlHamilton said:

I don't know the answer to your substantive question, but you may not have to worry about it for procedural reasons.  The proposed rule hasn't been published in the Federal Register (as of yesterday, I'm not compulsively checking it) - that will start a 60-day period for public comments, which will be digested and reflected in a revised version of the rule, which in turn will have to be published in the Federal Register and will not be effective for another 60 days after publication.  Looking at the calendar, the new requirements are unlikely to affect you if you apply in January 2019. 

 

Thank you very much for your response!

 

So in your view, the date of application, not the date of processing/adjudication, is going to affect whether if my case will be impacted by the new rules? 

 

[CarlHamilton 252]

1 minute ago, Worried23 said:

 

Thank you very much for your response!

 

So in your view, the date of application, not the date of processing/adjudication, is going to affect whether if my case will be impacted by the new rules? 

 

That would be consistent with previous rule changes (such as the RFE/NOID rule that went into force on September 11 this year).  Also considering how slow the development of this rule has been (a first draft was leaked in February), you may even be adjudicated before it goes into effect.

[Worried23 1]

1 minute ago, CarlHamilton said:

That would be consistent with previous rule changes (such as the RFE/NOID rule that went into force on September 11 this year).  Also considering how slow the development of this rule has been (a first draft was leaked in February), you may even be adjudicated before it goes into effect.

Thank you very much! I really appreciate it. 

[AdnanS 82]

4 hours ago, Worried23 said:

I did not see this thread before I posted my question in the ROC forum, many apologies... I am reposting my question here and hope a mod could kindly remove my question from the other forum. 

 

Thank you everyone for your attention to my question. 

 

According to the proposed rule change about inadmissibility based on the alien being, or potentially becoming a “public charge” in the future, there is a part in the guidelines that states that a heavily weighted negative factor that will be considered when processing an immigrant is that they are not employed. 

 

I am a Canadian citizen. I obtained my conditional green card in 2017 and I will be applying for ROC in January of 2019. My husband and I are in our early thirties and we have no children. He makes about 70k a year, but I am not employed. I have a bachelors degree and he holds a postgrad degree. 

 

Since I am not working, the income for our combined household of 2 is 71k. Due to the degree of support I provide to my husband domestically, he wishes that I do not seek out employment during the next two years and instead focus on supporting him in his career goals. 

 

Given the above information, do you think that our situation, if it remains unchanged into 2019, would impact my ROC application negatively since my lack of employment may cause the officer to view me as a potential future public charge? 

 

 

Wait. I thought this would only apply to people who are adjusting to Green Card (AOS), Work or Student Visa's. I don't think it would apply in your case since you already have your GC. I could be wrong, but if this is the case as not being employed would be a negative factor, that's very ###### stupid on Govt. it has no business telling who can and can't work as long your above the 250% Poverty Line.

[Worried23 1]

49 minutes ago, AdnanS said:

 

Wait. I thought this would only apply to people who are adjusting to Green Card (AOS), Work or Student Visa's. I don't think it would apply in your case since you already have your GC. I could be wrong, but if this is the case as not being employed would be a negative factor, that's very ###### stupid on Govt. it has no business telling who can and can't work as long your above the 250% Poverty Line.

That’s what I was concerned about as well and I guess my main question... since the concept of “self-sufficiency” will be highlighted as a factor, will this apply to only AOS to greencard and some types of visa applications, or will it apply to I-751 as well since it is a renewal of a green card which invites scrutiny from USCIS? 

[azblk 338]

8 minutes ago, Worried23 said:

That’s what I was concerned about as well and I guess my main question... since the concept of “self-sufficiency” will be highlighted as a factor, will this apply to only AOS to greencard and some types of visa applications, or will it apply to I-751 as well since it is a renewal of a green card which invites scrutiny from USCIS? 

You already have a green card albeit a conditional one. There is no public charge determinations during removal of conditions.

[Worried23 1]

1 hour ago, azblk said:

You already have a green card albeit a conditional one. There is no public charge determinations during removal of conditions.

Thank you very much! 

[A&H2018 146]

22 minutes ago, Worried23 said:

Thank you very much! 

No where in the 447 page document does it say both spouses needed to be employed. 

[kamrankhan 9]

Will Public Charge Rule affect Removal of Condition applicants?

Edited October 9, 2018 by kamrankhan

[Unlockable 7,306]

*** Moved to "Immigration-Related Discussion" ***

 

This has already discussed heavily.

 

Please see the megathread about it below...