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Final public charge rule

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15 minutes ago, cyclone27 said:

Not a new law it’s enforcing the existing law. 

 

Why wouldn’t someone support not giving govt assistance to those who do not qualify?

It's my understanding that USC using these programs would disqualify the immigrant(s) in the family.  

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Filed: K-1 Visa Country: Canada
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57 minutes ago, Khevinox said:

Hey Jackson, recently approved I-130 petition for relative (Spouse) ?

You’re fine. This pertains to people in the US applying for permanent residency and those outside the US as well. 

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19 minutes ago, Mrsjackson said:

You’re fine. This pertains to people in the US applying for permanent residency and those outside the US as well. 

So spouses of USA citizens applying for a greencard will be scrutinized more than before, right? Cos I feel this enforcement has been in effect with pass approvals of spousal greencard/visa. What exactly is new?

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Not sure how to understand that sentence:

"The regulation also excludes benefits for individuals in the U.S. armed forces, as well as their spouses and children."

 

Is there a problem using those benefits or not?

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Filed: Citizen (apr) Country: Taiwan
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26 minutes ago, Letspaintcookies said:

Not sure how to understand that sentence:

"The regulation also excludes benefits for individuals in the U.S. armed forces, as well as their spouses and children."

 

Is there a problem using those benefits or not?

It means benefits to spouses and children of individuals in the US military will not be considered in "public charge" consideration......there will not be a problem using those benefits.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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I'd like to have more time to read the specifics, but I currently do not. I'm curious if this applies to different state-sponsored benefits or just the national ones. I was enrolled in my state's medicaid program for some time while my husband was adjusting from his K-1. It looks like this wont go start for another 60 days, and we should have his 10 year green card by then, so I don't know if it will impact us even then. May cause an issue with citizenship, maybe? 

~*INTENT IS DETERMINED AT POE*~

 

Forever wishing for an eye-roll reaction.

 

 

K-1 Visa~
9/28/2015 - I-129f Packet Mailed to Texas Lockbox
10/1/2015 - NOA 1 Email - I-129f sent to California Service Center
10/8/2015 - NOA 1 Hard Copy
10/27/2015 - NOA 2
11/21/2015 - Packet 3 Received
1/08/2916 - Medical! Lots of jabs >.>
2/23/2016 - APPROVED!
6/20/2016 - POE
7/29/2016 - Married ❤️

~*Approval 146 Days from NOA1*~


AOS ~
9/9/2016 - AOS/AP/EAD packet mailed to Chicago Lockbox
9/11/2016 - Delivered to Chicago Lockbox
9/20/2016 - Received Text/Email NOA1
9/23/2016 - Hard Copy NOA1s
10/12/2016 - Biometrics Appointment
11/04/2016 - AP Status "Approved" EAD "Date of Birth Updated"
11/18/2016 - Received EAD/AP Combo Card!
12/23/2016 - Received Green Card

~*Green Card 95 Days from NOA1*~

 

ROC~

10/12/2018 - Mailed ROC Packet

11/8/2018 - NOA-1 

7/5/2019 - Biometrics

~*STILL WAITING 607+ Days since NOA*~

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Filed: Citizen (apr) Country: Pakistan
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I have read the proposed specifics of the rule. It introduces a "totality of circumstances" where an affidavit of support will no longer be enough for an immigrant applying for LPR. It gives the federal govt. agents wide discretion to judge a potential LPR application based on factors such as health, age, finances, education etc. But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits. In other words, the fed. govt. will be deciding cases based on its uncontested and unknowable powers of clairvoyance.

The rule left out scholarships and funded TAships granted to foreign students under its ambit without conceding the point that those funded opportunities (majority of PHDs produced at US universities are fully funded) are considered some kind of public assistance and hence can be subject to public charge rule in the future. 

 

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, kline19 said:

But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits

How is that different from current discretion allowed by consulate officers?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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2 minutes ago, kline19 said:

I have read the proposed specifics of the rule. It introduces a "totality of circumstances" where an affidavit of support will no longer be enough for an immigrant applying for LPR. It gives the federal govt. agents wide discretion to judge a potential LPR application based on factors such as health, age, finances, education etc. But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits. In other words, the fed. govt. will be deciding cases based on its uncontested and unknowable powers of clairvoyance.

The rule left out scholarships and funded TAships granted to foreign students under its ambit without conceding the point that those funded opportunities (majority of PHDs produced at US universities are fully funded) are considered some kind of public assistance and hence can be subject to public charge rule in the future. 

 

I thought "LPR application based on factors such as health, age..." was already a factor in approving greencards, especially for spousal greencard application.s

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Filed: Citizen (apr) Country: Pakistan
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My understanding is that in practice right now the affidavit of support was considered sufficient for I-130 applications, e.g., a USC sponsoring his parents for a GC. The totality of circumstances introduces a metric and explicitly says that the affidavit of support is going to be just one of several factors that would be solely determined by the officer/agent and it would be upto him/her to decide based on all those factors whether a person is inadmissible to usa. 

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Filed: Other Country: Saudi Arabia
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1 hour ago, Letspaintcookies said:

Not sure how to understand that sentence:

"The regulation also excludes benefits for individuals in the U.S. armed forces, as well as their spouses and children."

 

Is there a problem using those benefits or not?

No, and they should be excluded from this rule.

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Filed: Citizen (apr) Country: Taiwan
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4 minutes ago, kline19 said:

The totality of circumstances introduces a metric and explicitly says that the affidavit of support is going to be just one of several factors that would be solely determined by the officer/agent and it would be upto him/her to decide based on all those factors whether a person is inadmissible to usa. 

That is no different from how the public charge determination has been made in the past

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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