Final public charge rule

[Cyberfx1024 7,978]

4 minutes ago, GoodJack said:

True. What would the veterans of this forum say that an ideal situation would be right now for an immigrant to not be seen as a public charge? Primary Sponsor with 250% annual income, young age with no health issues, educated, good work history and savings in the bank to establish themselves? What is this self reliance form I keep hearing about in this thread? Does it officially exist? 

The 125% annual income is more than enough for the majority of the country outside of the high COL areas. Once you start getting in to places like LA, SF, and the NYC then you have to move over to the 250% level unfortunately. I was living in Los Angeles with four kids an a wife at the 350% level and it was still tough due to the high COL. Now where I live in NC you can get by at the 125%. 

 

Also they may use the 125% as a starting point and go from there either with positives or negatives. We have seen it on here before where a couple were denied due to the public charge rule months ago. The petitioner did not make enough and they had to get a cosponsor, but the cosponsor lived several states away. So the CO denied them because of that with the determination that "yes, they had enough income on paper. But if there was any financial trouble could they really depend on the cosponsor since they were states away from them".

Edited August 16, 2019 by Cyberfx1024

[GoodJack 3]

1 minute ago, azblk said:

its a new form i944

And at what step of the immigration process would that form be necessary? When filing for K1 or 1-130 by the petitioner or is it a form that the intending immigrant should have with him during the interview stage at the embassy? It is a form the intending immigrant fills out? What kind of documents would be necessary from the home country that would show self reliance? Bank statements, letters from the employer? Wonder why work history at the foreign country is important when the income from that country would cease when the immigrant moves to the US. 

[Ty/Ir 32]

What a scary thread to read. A lot of people are saying a lot of different things. Is this, in summary, saying that the intending immigrant needs to earn 250% of the American poverty line while they were living in their home country? Or is it saying that the immigrant needs to earn, independently 250% of the poverty line for adjustment of status (I thought the immigrant isn't even permitted to work until after the adjustment of status)? Or is it saying that the household has to earn 250%?

 

Edit: Also is english proficiency now a part in this? What is the arbiter of whether or not someone is fluent I wonder.

Edited August 16, 2019 by Ty/Ir

[GoodJack 3]

2 minutes ago, Cyberfx1024 said:

The 125% annual income is more than enough for the majority of the country outside of the high COL areas. Once you start getting in to places like LA, SF, and the NYC then you have to move over to the 250% level unfortunately. I was living in Los Angeles with four kids an a wife at the 350% level and it was still tough due to the high COL. Now where I live in NC you can get by at the 125%. 

I agree. I guess that is something the officers will look into when looking at future applications. Where the intending immigrant and the petitioner chooses to establish their household. I also read somethings about the petitioner's prior use of government welfare or benefits might impact the approval of the immigrant too. What is that about? 

[Cyberfx1024 7,978]

8 minutes ago, Ty/Ir said:

What a scary thread to read. A lot of people are saying a lot of different things. Is this, in summary, saying that the intending immigrant needs to earn 250% of the American poverty line while they were living in their home country? Or is it saying that the immigrant needs to earn, independently 250% of the poverty line for adjustment of status (I thought the immigrant isn't even permitted to work until after the adjustment of status)? Or is it saying that the household has to earn 250%?

People are getting caught up on that number and not looking past it. The 125% FPL has NOT changed at all and they are NOT looking at the beneficiary to earn that amount in their home country. 

Edited August 16, 2019 by Cyberfx1024

[azblk 338]

4 minutes ago, Ty/Ir said:

 

Edit: Also is english proficiency now a part in this? What is the arbiter of whether or not someone is fluent I wonder.

TOEFL perhaps. We had to take that as part of the college admission process back in the day.

[Cyberfx1024 7,978]

6 minutes ago, Ty/Ir said:

What a scary thread to read. A lot of people are saying a lot of different things. Is this, in summary, saying that the intending immigrant needs to earn 250% of the American poverty line while they were living in their home country? Or is it saying that the immigrant needs to earn, independently 250% of the poverty line for adjustment of status (I thought the immigrant isn't even permitted to work until after the adjustment of status)? Or is it saying that the household has to earn 250%?

 

Edit: Also is english proficiency now a part in this? What is the arbiter of whether or not someone is fluent I wonder.

Please look at this post that someone put up yesterday. They obtained some stuff from a immigrant group that will help lay out some of the new rule for you. 

 

 

[azblk 338]

6 minutes ago, Cyberfx1024 said:

People are getting caught up on that number and not looking past it. The 125% FPL has NOT changed at all and they are NOT looking at the beneficiary needs to earn that amount in their home country. 

I dont know a lot of countries in the 3rd world where a lot of people earn that.

[Cyberfx1024 7,978]

1 minute ago, azblk said:

I dont know a lot of countries in the 3rd world where a lot of people earn that.

Me either as well. I know in the Philippines you are making big money out in the provinces if you earn like $5-700 a month. That's what many people go outside the country to earn more money. The overseas foreign worker is the single biggest resource the Philippines has

Edited August 16, 2019 by Cyberfx1024

[azblk 338]

8 minutes ago, GoodJack said:

 I also read somethings about the petitioner's prior use of government welfare or benefits might impact the approval of the immigrant too. What is that about? 

That has always been the case.

[Ty/Ir 32]

22 minutes ago, Cyberfx1024 said:

Please look at this post that someone put up yesterday. They obtained some stuff from a immigrant group that will help lay out some of the new rule for you. 

 

 

I didn't see anything about english fluency in this or anything on who exactly needs to be earning the 250% threshold. 

[Cyberfx1024 7,978]

1 minute ago, Ty/Ir said:

I didn't see anything about english fluency in this or anything on who exactly needs to be earning the 250% threshold. 

Exactly.... the 250% has been hyped up 

[Nitas_man 3,100]

58 minutes ago, GoodJack said:

I am sorry I read somewhere that the president has the right to stop all immigration in times of emergency or that the final authority to let people in and out of the country. I might be wrong. 

 

You are incorrect.  

The president does not have that authority and never did.  

 

 

 

[Soul Mates 44]

page 595: " The affidavit of support is a different requirement and has a specific form associated with it. The affidavit of support threshold is 125 percent of the FPG of the sponsor’s income and that threshold is not being changed with this rule. The income threshold for the alien’s household is part of this rule’s totality of the circumstances public charge assessment is 250 percent of the FPG. Income at this level is considered a heavily weighted positive factor (as opposed to income at the 125 percent of the FPG (100 percent for member of the U.S. Armed forces in active duty), which is a positive consideration). "

 

"the fact that an applicant who has income at or above 250 percent of the FPG will weigh heavily in favor of finding the applicant is admissible in the totality of the circumstances, but is not outcome determinative. Therefore, an applicant who has household income below 250 percent of the FPG will not, based on that fact alone, be denied admission or adjustment of status."

[Nitas_man 3,100]

Whats cool about married couples is that the sponsors household income and immigrant’s household income are the same.  The US spouses tax returns are the immigrant’s tax returns.  

 

Not so true for parents, brothers, sisters, and other relatives.  Those cases?  They’ll be looked at differently in the future.

Edited August 16, 2019 by Nitas_man