Worried! Bringing my mom here and affraid to get denied

[Mindo2019 12]

1 minute ago, SusieQQQ said:

You send them money? You can have proof of that.  In my opinion it makes your whole case weaker as it shows you have to still send money overseas when your mom arrives and that your mom hasn’t even been able to take care of her children in her home country which will make them more worried about her ability to support herself here. 

 

By the way, how is her English? If she wants to work in retail it will need to be pretty fluent. 

Well...retail does not mean work as front liner all the time. I work in retail for a while and have many coworkers that cannot speak english (basic to none) to work as night or morning stocker. They understand english but not speaking the language.

I do send money every paycheck period. I hope the CO see it in different way that I financially responsible on anything so CO do not have to worry about my mom being a public charge.

[Georgia16 2,858]

7 minutes ago, IR5momandme said:

Well...retail does not mean work as front liner all the time. I work in retail for a while and have many coworkers that cannot speak english (basic to none) to work as night or morning stocker. They understand english but not speaking the language.

I do send money every paycheck period. I hope the CO see it in different way that I financially responsible on anything so CO do not have to worry about my mom being a public charge.

But from a CO eyes that also means less money to your family even with her coming. 

[SusieQQQ 11,584]

2 minutes ago, IR5momandme said:

Well...retail does not mean work as front liner all the time. I work in retail for a while and have many coworkers that cannot speak english (basic to none) to work as night or morning stocker. They understand english but not speaking the language.

I do send money every paycheck period. I hope the CO see it in different way that I financially responsible on anything so CO do not have to worry about my mom being a public charge.

I understand what you are saying but hoping that the CO sees things the way you plan them is not “concrete”. You didn’t answer a previous question, have you investigated the cost of healthcare premiums for your mom?  It is not common that a part time retail worker gets healthcare- I know that some do but it’s definitely not all. 

 

The best way for you to judge your mom’s case is actually to look at the new guidelines, and see which side your/her situation mostly looks like:

 

Officers will look at

when making a public charge inadmissibility determination, a USCIS officer must consider the applicant’s: 

• Age; 

• Health; 

• Family status; 

• Assets, resources, and financial status; 

• Education and skills; 

• Prospective immigration status; 

• Expected period of admission; and  

• Sufficient Form I-864, when required under section 212(a)(4)(C) or (D) of the INA. 

 

more likely to get denied: (likely to become a public charge)

• The alien is not a full-time student and is authorized to work but cannot show current employment, recent employment history, or a reasonable prospect of future employment. 

• The alien has received, or has been certified or approved to receive, one or more public benefits for more than 12 months in the aggregate within any 36-month period, beginning no earlier than 36 months before the alien applied for admission or adjustment of status on or after Oct. 15, 2019. 

• The alien has been diagnosed with a medical condition that is likely to require extensive medical treatment or institutionalization or that will interfere with his or her ability to provide for him or herself, attend school, or work and he or she is uninsured and has neither the prospect of obtaining private health insurance nor the financial resources to pay for reasonably foreseeable medical costs related to a medical condition. 

• The alien has previously been found by an immigration judge or the Board of Immigration Appeals to be inadmissible or deportable based on public charge grounds.  

 

More likely to get approved (not likely to become public charge)

A. The following factors would weigh heavily against a finding that an alien is likely to become a public charge: 

• The alien has household income, assets, resources, and support from a sponsor, excluding any income from illegal activities or from public benefits, of at least 250% of the Federal Poverty Guidelines for his or her household size. 

• The alien is authorized to work and is currently employed in a legal industry with an annual income of at least 250% of the Federal Poverty Guidelines for a household of his or her household size. 

• The alien has private health insurance appropriate for the expected period of admission, so long as the alien does not receive subsidies in the form of premium tax credits under the Patient Protection and Affordable Care Act to pay for such health insurance. 

 

 

[Nat&Amy 623]

OP, please read the post above mine very carefully. Costs of living in the US are not to be taken lightly so the government will want to make sure that when your mother comes here, she will either be able to be fully supported by you or to support herself based on the assets or income she has today (not tomorrow, not a year from now or in a future that might never happen - again, do not rely on the best case scenario, which is, she being able to get a job in retail at her age with basically no English and having healthcare benefits on top of that).

Edited October 9, 2019 by Nat&Amy

[sol_sol 31]

1 hour ago, Nat&Amy said:

The harsh reality is that a family with that income level could very easily need assistance if one of you loses their job. There is absolutely no guarantee that will never happen - no job comes with a lifelong clause attached to it, so obviously there is a concern. Health insurance, for one, is a huge cost, especially for an aging parent. 

 

You will see multiple stories of couples struggling to get by with a combined income that is similar to yours - all it takes is one health problem and things can go bad real quick. So yeah, you will have to plan your finances better without counting on "best case scenarios."

Thats not right response. If that is the criteria then only families who earn half a million will be approved. If a family earns 90k, that means a take home of around 5500 per month. Even if they spend 1200 on their mom healthcare , here will be still 4300. And you can live comfortably over it in many parts of USA. 

Edited October 9, 2019 by sol_sol

[Mindo2019 12]

7 minutes ago, Nat&Amy said:

OP, please read the post above mine very carefully. Costs of living in the US are not to be taken lightly so the government will want to make sure that when your mother comes here, she will either be able to be fully supported by you or to support herself based on the assets or income she has today (not tomorrow, not a year from now or in a future that might never happen - again, do not rely on the best case scenario, which is, she being able to get a job in retail at her age with basically no English and having healthcare benefits on top of that).

I understand this. And the comment has long gone to far from my original post as well. I was just asking if my income and situation will weaker my case. And yes, of course by assuming all bad scenario if my either me or my husband unable to continue work then we all gonna be under public assistance. No doubt about that. Not everyone has the "assets" that can guarantee the best life possible. So, thank you. For your comment about your point of view 👍

[Mindo2019 12]

2 minutes ago, sol_sol said:

Thats stupid response. If that is the criteria then only families who earn half a million will be approved. 

I agree. I do not feel like she/he understand what my original question really. 

[sol_sol 31]

Just now, IR5momandme said:

I agree. I do not feel like she/he understand what my original question really. 

Exactly. I have noted people here in this forum start giving illogical responses tbh. In your case, it will depend on where in USA you earn 90k? 90k in Manhattan is nothing but in Upstate NY is too much.

[Nat&Amy 623]

1 minute ago, sol_sol said:

Thats stupid response. If that is the criteria then only families who earn half a million will be approved. 

Your answer made me laugh. Have you ever researched the cost of a convalescent home? Or the cost of private health insurance for anyone over the age of 50?

 

When you do, come back and tell me if the government should or should not be worried that a foreign parent will become a public charge, especially when a household income is less than $100k.

[Unlockable 7,306]

The issue is not being taken care of living expenses. The issue is the risk healthcare coverage. Sure, a person can bring over n elder parent and provide a roof over their heads and a warm plate of food to eat, but there are many that can not afford $800 - $1200 expense. Remember, most Americans are living in debt. Many can afford to pay for healthcare, but they don't want to. And that has been a huge issue in and outside of immigration for a long time.

[Mindo2019 12]

37 minutes ago, SusieQQQ said:

I understand what you are saying but hoping that the CO sees things the way you plan them is not “concrete”. You didn’t answer a previous question, have you investigated the cost of healthcare premiums for your mom?  It is not common that a part time retail worker gets healthcare- I know that some do but it’s definitely not all. 

 

The best way for you to judge your mom’s case is actually to look at the new guidelines, and see which side your/her situation mostly looks like:

 

Officers will look at

when making a public charge inadmissibility determination, a USCIS officer must consider the applicant’s: 

• Age; 

• Health; 

• Family status; 

• Assets, resources, and financial status; 

• Education and skills; 

• Prospective immigration status; 

• Expected period of admission; and  

• Sufficient Form I-864, when required under section 212(a)(4)(C) or (D) of the INA. 

 

more likely to get denied: (likely to become a public charge)

• The alien is not a full-time student and is authorized to work but cannot show current employment, recent employment history, or a reasonable prospect of future employment. 

• The alien has received, or has been certified or approved to receive, one or more public benefits for more than 12 months in the aggregate within any 36-month period, beginning no earlier than 36 months before the alien applied for admission or adjustment of status on or after Oct. 15, 2019. 

• The alien has been diagnosed with a medical condition that is likely to require extensive medical treatment or institutionalization or that will interfere with his or her ability to provide for him or herself, attend school, or work and he or she is uninsured and has neither the prospect of obtaining private health insurance nor the financial resources to pay for reasonably foreseeable medical costs related to a medical condition. 

• The alien has previously been found by an immigration judge or the Board of Immigration Appeals to be inadmissible or deportable based on public charge grounds.  

 

More likely to get approved (not likely to become public charge)

A. The following factors would weigh heavily against a finding that an alien is likely to become a public charge: 

• The alien has household income, assets, resources, and support from a sponsor, excluding any income from illegal activities or from public benefits, of at least 250% of the Federal Poverty Guidelines for his or her household size. 

• The alien is authorized to work and is currently employed in a legal industry with an annual income of at least 250% of the Federal Poverty Guidelines for a household of his or her household size. 

• The alien has private health insurance appropriate for the expected period of admission, so long as the alien does not receive subsidies in the form of premium tax credits under the Patient Protection and Affordable Care Act to pay for such health insurance. 

 

 

Yes. Private health insurance starting $400/month. I agree to pay for that. She does not have any health issue: check. Never been found inadmissible: check. Never received public assistance, either me or her: check. She works freelance in the community as assistant director: check.

assets: she has house, but not make 250$ of the federal poverty guidelines.

[sol_sol 31]

1 minute ago, Nat&Amy said:

Your answer made me laugh. Have you ever researched the cost of a convalescent home? Or the cost of private health insurance for anyone over the age of 50?

 

When you do, come back and tell me if the government should or should not be worried that a foreign parent will become a public charge, especially when a household income is less than $100k.

Lol. OP is 53 and people here are forecasting at least 25 years in advance.It made me laugh

[Mindo2019 12]

2 minutes ago, sol_sol said:

Exactly. I have noted people here in this forum start giving illogical responses tbh. In your case, it will depend on where in USA you earn 90k? 90k in Manhattan is nothing but in Upstate NY is too much.

Yeah..this used to be helpful website. At least for me 5 years ago. My question is either yes or no. But I guess there is gray area about denied and approved. Which is totally fine. 90K in Michigan. Not detroit or grand rapids so yes, 90K is more than enough 😀

[Unlockable 7,306]

2 minutes ago, IR5momandme said:

Yes. Private health insurance starting $400/month. I agree to pay for that. She does not have any health issue: check. Never been found inadmissible: check. Never received public assistance, either me or her: check. She works freelance in the community as assistant director: check.

assets: she has house, but not make 250$ of the federal poverty guidelines.

Sounds like your mom is less of a risk. But all you can do now is wait and see how the CO decides.

[Nat&Amy 623]

3 minutes ago, IR5momandme said:

I agree. I do not feel like she/he understand what my original question really. 

I am sorry that I am not giving you the response you would like to hear. Giving you an objective assessment of your situation is exactly what you should expect from an IO, and yes, to them, the amount of money you make matters a lot. When I recommended better planning, I meant it in the sense that you have to show them the numbers. How much would your mother's health insurance cost? How does that fit into your budget? Perhaps wait until your income is better? There is a concern about public charge that you need to address and we need to be practical about it.