Final public charge rule

[geowrian 22,335]

2 minutes ago, sashsash said:

Is it correct that using premium assistance (advanced premium tax credit) for Covered California (under ACA) won't affect ROC and applying for Citizenship? Or better to change it?

The public charge item is not an issue for ROC or naturalization.

So long as you are not fraudulently (or potentially incorrectly) obtaining benefits, it will not have an impact under current or proposed rules.

[sashsash 208]

14 minutes ago, geowrian said:

The public charge item is not an issue for ROC or naturalization.

So long as you are not fraudulently (or potentially incorrectly) obtaining benefits, it will not have an impact under current or proposed rules.

Thank you!
Just out of curiosity, is it considered as receiving public assistance (regardless of LPR status received)?

[geowrian 22,335]

10 minutes ago, sashsash said:

Thank you!
Just out of curiosity, is it considered as receiving public assistance (regardless of LPR status received)?

I'm not familiar with Covered California's rules to answer this, sorry. It sounds like the state's exchange, which is not an issue (https://www.healthcare.gov/immigrants/lawfully-present-immigrants/).

[yuna628 9,525]

33 minutes ago, sashsash said:

Thank you!
Just out of curiosity, is it considered as receiving public assistance (regardless of LPR status received)?

As stated before the exchanges - state and federal are NOT public assistance. They are not means tested benefits, regardless of if eligible or not for subsidy. The law has not changed in this regard - only a Presidential proclamation has decided this would be grounds for visa denial. This is why I feel it is problematic in language. The law has not changed, and still hasn't changed. The proclamation doesn't change the law either. That's why I expect lawsuits.

 

The new public charge rules won't be a concern for those seeking ROC or Citizenship, and nothing in the proclamation will change that either.

[sashsash 208]

@geowrian @yuna628 thank you very much!  

[s.ramos510 14]

https://www.cbsnews.com/amp/news/public-charge-rule-judge-blocks-attempt-to-deny-green-cards-and-visas-to-low-income-immigrants/

[Boketto 211]

24 minutes ago, s.ramos510 said:

https://www.cbsnews.com/amp/news/public-charge-rule-judge-blocks-attempt-to-deny-green-cards-and-visas-to-low-income-immigrants/

So I see someone already posted this... it appears that it is a nationwide injunction, what does this mean for prospective immigrants? Are the new forms still slated to come into effect with this ruling and will the factors still be taken into consideration? 

 

It appears we are at a very confusing time in US immigration history...  

[azblk 338]

28 minutes ago, Boketto said:

So I see someone already posted this... it appears that it is a nationwide injunction, what does this mean for prospective immigrants? Are the new forms still slated to come into effect with this ruling and will the factors still be taken into consideration? 

 

It appears we are at a very confusing time in US immigration history...  

It means the USCIS can not use the new rules and forms (i-944)  that was  going to start on Tuesday.

[Crashdoom 57]

As an update, here's the excerpt from the USCIS website:

 

ALERT: Judges before U.S. District Courts for the Southern District of New York (PDF (PDF)), Northern District of California (PDF (PDF)), Eastern District of Washington (PDF (PDF)), Northern District of Illinois (PDF (PDF)), and District of Maryland  (PDF) (PDF) have ordered that DHS cannot implement and enforce the final rule on the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act. The court orders also postpone the effective date of the final rule until there is final resolution in the cases. Most of the injunctions are nationwide, and prevent USCIS from implementing the rule anywhere in the United States. Until final decisions in these cases are issued or the injunctions are lifted, USCIS will only accept the version of this form that is available on this landing page. We will reject any other version of this form and will notify you to submit your benefit request on the correct form. If we reject your benefit request, you will not keep your filing date.

[90DayFinancier 910]

https://www.natlawreview.com/article/public-charge-rule-update-making-sense-all-moving-pieces

 

 

What’s next?

For now, there is no change to the public charge test. USCIS officers will continue to follow the guidance provided by the former Immigration and Naturalization Service in 1999 that limits the public charge designation to individuals reliant on government-provided cash assistance or long-term care. Employers and foreign nationals may continue to use existing versions of forms and are not required to produce any additional documentation.

 

[DesiJase 52]

Here's an update. Not sure what any of it really means. 

 

https://www.uscis.gov/news/news-releases/judicial-victories-public-charge-cases-give-trump-admin-confidence-implementation-long-standing-law

[MjC772 94]

There should be a public charge rule.....so i applaud Trump for this policy. 

[MjC772 94]

22 minutes ago, DesiJase said:

Here's an update. Not sure what any of it really means. 

 

https://www.uscis.gov/news/news-releases/judicial-victories-public-charge-cases-give-trump-admin-confidence-implementation-long-standing-law

Sorry for you....but it most likely means that Trump's public rule charge is going to stand....

[DesiJase 52]

1 hour ago, MjC772 said:

Sorry for you....but it most likely means that Trump's public rule charge is going to stand....

Why sorry for us? None of the negative factors really apply to our journey so I think we will be fine, my fiance is from the UK. 

It still looks like it's being held on a federal level but who knows with everything going on with the Impeachment what will stand and what won't.

All we can do is wait and see. 

[MjC772 94]

10 minutes ago, DesiJase said:

Why sorry for us? None of the negative factors really apply to our journey so I think we will be fine, my fiance is from the UK. 

It still looks like it's being held on a federal level but who knows with everything going on with the Impeachment what will stand and what won't.

All we can do is wait and see. 

Yeah...keep hoping for impeachment...not likely....he didn't really commit any crime. Aside from that, the supreme court seems like it may side with Trump.....not sure, but seems like.... But why are you concerned?