Final public charge rule

[Mrsjackson 300]

For those confused about what’s new here: the definition of what it means to be a public charge is being changed drastically. 

 

Yes, there has always been a public charge rule. It is now much easier to be deemed a public charge. You can read the rule published on the federal registry. 

 

Applicants need to make private health insurance a big priority. Use of benefits prior to the rule going into effect NOT considered. 

[yuna628 9,528]

2 minutes ago, ~Alessa~ said:

So is this rule already in effect or they will fight it?

 

The rule comes into effect within 60 days of it being published (on the 14th).

[Mrsjackson 300]

3 minutes ago, ~Alessa~ said:

So is this rule already in effect or they will fight it?

 

Rule is set to go into effect 60 days from Wednesday and it is likely to faces legal challenges which could delay it. 

Edited August 12, 2019 by Mrsjackson

[Ptitchou 117]

What's confusing me is that this all is phrased like it applies to immigrants who already live in the USA. How are we supposed to have any credit score at all before we're able to get a SSN and a bank account? Or are they going to want the USC petitioner to provide their credit score and be mandated to have insurance? It's not terribly straightforward for all circumstances. 

 

Has anyone seen the new income requirements for 2020? Can't seem to find them. I'm sure this will all become clearer in due time but right now it's a bit chaotic. 

[lonesurvivor 48]

Will this affect people with a current green card? I get that during adjudication, they may see use of these services and deny. But lets say they recieve their green card and 2 years down the road, they are diagnosed with a serious health issue that requires some use of public assistance. Would this affect their current immigration status? 

[Mrsjackson 300]

55 minutes ago, jasonlzak said:

Pending applications before the effective date won't be subjected to this rule, but this is basically still the same with the current rule, they just added more clarifications on it.

How is this the same as the current rule? Certain programs are now being included that before were not. It’s not the same that’s why it’s a new rule. 

[JeanneAdil 6,191]

14 minutes ago, Greekwife said:

This article I think clarifies a lot :

https://www.boundless.com/blog/public-charge-rule-explained/

That article explained it all

so, they will check credit history,  indebtness and credit reports.   Good, as income alone,  doesn't tell DHS that a USC can afford this / i would also think they will check if a person ever declared bankruptcy but it wasn't mentioned .    Past use of any like food stamps??? wonder how they can determine this when people move and divorce and change a name so much .  sounds like a lot of extra work without extra immigration officers/ much like adding the ds5535 and piling up applications in embassy offices while they try to do the security checks and figure out that new process (without adding new employees)

I was surprised that a person who asked for waiver of immigration fee also will face extra scrutiny 

[Mrsjackson 300]

2 minutes ago, lonesurvivor said:

Will this affect people with a current green card? I get that during adjudication, they may see use of these services and deny. But lets say they recieve their green card and 2 years down the road, they are diagnosed with a serious health issue that requires some use of public assistance. Would this affect their current immigration status? 

No. This will not impact anyone who is already a permanent resident. 

[Ptitchou 117]

11 minutes ago, Mrsjackson said:

No. This will not impact anyone who is already a permanent resident. 

Actually, it will if you're trying to apply for citizenship. Jump down to the part for Permanent Residents: https://www.boundless.com/blog/public-charge-rule-explained/

[RedroseMT 37]

So who will actually be affected. Pending cases or those who have filled recently? 

[Mrsjackson 300]

5 minutes ago, Ptitchou said:

Actually, it will if you're trying to apply for citizenship. Jump down to the part for Permanent Residents: https://www.boundless.com/blog/public-charge-rule-explained/

Wow. I had read previously only green card applicants would feel this. 

 

Thing is though even with that in mind, you’re likely fine. This new rule is to impede future immigration. If I were a green card applicant waiting to be eligible for citizenship I wouldn’t be applying for a bunch of benefits though. 

[Nitas_man 3,100]

 

Here’s the whole thing

[VALU 55]

42 minutes ago, JeanneAdil said:

That article explained it all

so, they will check credit history,  indebtness and credit reports.   Good, as income alone,  doesn't tell DHS that a USC can afford this / i would also think they will check if a person ever declared bankruptcy but it wasn't mentioned .    Past use of any like food stamps??? wonder how they can determine this when people move and divorce and change a name so much .  sounds like a lot of extra work without extra immigration officers/ much like adding the ds5535 and piling up applications in embassy offices while they try to do the security checks and figure out that new process (without adding new employees)

I was surprised that a person who asked for waiver of immigration fee also will face extra scrutiny 

Your name might change but your social security number and other identifiers don't change. This is the USA government we are talking about....

[jasonlzak 173]

 "DATES: This final rule is effective at 12:00 a.m. Eastern Time on [INSERT
DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
DHS will apply this rule only to applications and petitions postmarked (or, if applicable,
submitted electronically) on or after the effective date. Applications and petitions already
pending with USCIS on the effective date of the rule (i.e. were postmarked before the
effective date of the rule and were accepted by USCIS) will not be subject to the rule.  "

 

 

Pending petitions and applications won't be affected by this rule.

[Cilllah 470]

I woke up this morning feeling sick when somebody showed me this and I’m wondering if it’ll impact me moving to be with my fiancé.

 

We we’re going to apply in September this year but would it make sense to do it this month? We were just trying to balance it with us wanting to move next September.

 

We are both currently students who are about to graduate but I haven’t worked for the past two years due to having a baby and studying full time. However I still receive money in Australia and have a house deposit ready to go.

 

His father is going to sponsor us for K1. I’m just wondering are we screwed? Is there anything I can do to make sure we are ok? Is all hope lost?