Supreme Court allows Trump administration to move forward with 'public charge' rule (merged)

[Crazy Cat 39,362]

4 minutes ago, Hzz99 said:

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (Green Card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

 

Also DOS public charge rule summary states

This rulemaking is also intended to align the Department's standards with those of the Department of Homeland Security, to avoid situations where a consular officer will evaluate an alien's circumstances and conclude that the alien is not likely at any time to become a public charge, only for the Department of Homeland Security to evaluate the same alien when he seeks admission to the United States on the visa issued by the Department of State and finds the alien inadmissible on public charge grounds under the same facts.

Wasn't the DOS rule held up by the courts?

[HRQX 4,145]

12 minutes ago, missileman said:

Wasn't the DOS rule held up by the courts?

The Presidential proclamation was temporarily blocked: https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html The DOS interim final rule is technically in effect but not yet implemented: https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html Also: "Plaintiffs’ motion for a preliminary injunction and the government’s motion to dismiss will be heard on March 17, 2020." https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/current-status-public-charge

Edited January 31, 2020 by HRQX

[geowrian 22,336]

4 hours ago, Hzz99 said:

But isn't DHS public charge also applies on admission? so technically even if DOS doesn't implement it you will still be subjected to public charge at POE?

Inadmissibilities apply to POE. But I have never heard of somebody being denied admission on an immigrant visa due to the public charge concern.

CBP doesn't have the tools to assess it and they don't just go overruling a CO's discretion.

They don't know or care if somebody has a sponsor that makes $25k or $250k.

 

4 hours ago, MexicoExpat said:

Just seems like a crazy thing to expect us to have everything prepared when they just changed the law less than 2 weeks from our interview date. 

Rules* Laws require Congress

The consulate should provide instructions if anything you need to do changes.

 

3 hours ago, missileman said:

No.  The rule specifically says the public rule is applied at Adjustment of Status. I have seen no cases where a new immigrant was denied entry at POE due to public charge issues.

 

If you have a source document stating otherwise, please post it.

I think they are referring to the DOS rule (which is not implemented at this time).

 

It's getting confusing as the topic of this thread is about the DHS rule but questions are being asked about something that applies to a different (but similar) rule.

And I don't think most people recognize that there's a difference between DHS processes (like AOS) and DOS processes (like visas).

[Moe428 129]

Does the rule specify which credit score should be used?  There are several variants of FICO scores, as well as VantageScore, and there are 3 credit bureaus.  There are quite literally more than 20+ credit scores each individual can have depending on the scoring model and the credit bureau combination.

[HRQX 4,145]

2 hours ago, Moe428 said:

There are quite literally more than 20+ credit scores each individual can have depending on the scoring model and the credit bureau combination.

I'd recommend to send the best one the applicant has: https://www.federalregister.gov/documents/2018/10/10/2018-21106/inadmissibility-on-public-charge-grounds "applicants must bear the cost of obtaining a credit report and credit score from any one of the three major credit bureaus in the United States to be submitted with the application. Consumers may obtain a free credit report once a year from each of the three major consumer reporting agencies (i.e., credit bureaus) under the Fair Credit Reporting Act (FCRA)."

[Moe428 129]

22 minutes ago, HRQX said:

I'd recommend to send the best one the applicant has: https://www.federalregister.gov/documents/2018/10/10/2018-21106/inadmissibility-on-public-charge-grounds "applicants must bear the cost of obtaining a credit report and credit score from any one of the three major credit bureaus in the United States to be submitted with the application. Consumers may obtain a free credit report once a year from each of the three major consumer reporting agencies (i.e., credit bureaus) under the Fair Credit Reporting Act (FCRA)."

In that case, it sounds like they should use FICO 8 score from any of the 3 bureaus, since that is supposed to be dominant credit score.  Although, it's not used for all lending (e.g. mortgage).

[Bill Hamze 89]

Does this recent SCOTUS ruling affect future CR1/IR1 green card applications (i.e. if I petitioned for my foreigner wife tomorrow)?

 

 

[DeenieBae 3]

I would just like to know will my i130 be automatically denied due to the ban? Can some one answer this please?

[Crazy Cat 39,362]

1 hour ago, DeenieBae said:

I would just like to know will my i130 be automatically denied due to the ban? Can some one answer this please?

Typically, an I-130 will not be affected.  The process will continue normally until the interview stage.  At that point, the visas will be refused, and held indefinitely.

[geowrian 22,336]

7 hours ago, DeenieBae said:

I would just like to know will my i130 be automatically denied due to the ban? Can some one answer this please?

The I-130 will be unaffected.

The visa is the issue when it comes to the ban.

[DeenieBae 3]

6 hours ago, missileman said:

Typically, an I-130 will not be affected.  The process will continue normally until the interview stage.  At that point, the visas will be refused, and held indefinitely.

Refused? Held indefinitely? Does that mean it can be approved and just in waiting?

[Crazy Cat 39,362]

7 minutes ago, DeenieBae said:

Refused? Held indefinitely? Does that mean it can be approved and just in waiting?

Basically, yes.......held until either a waiver has been approved or the ban is lifted....assuming there are no other reasons to refuse the visa.

[Tony rodri 1]

Hello.

Please i have a question about the new public charge rule.

I sent my ds-260 ( Affidavit of support ) before october 15th 2019 to the NVC.  I got my marriage visa ( Cr1 ) last month on the 10th january. However, i will travel  to the US next june.

My question : how is the new public charge rule will affect me?

Thank you 

[Sweetdreaming 384]

no it wont affect you, you have been granted your conditional GC, youre already approved.

Edited February 3, 2020 by skjourney

[JeanneAdil 6,220]

ALERT: U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020, except in Illinois, where the rule remains enjoined by a federal court as of Jan, 2020. The final rule will apply only to applications and petitions postmarked (or if applicable, submitted electronically) on or after Feb. 24, 2020. For applications and petitions sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt. When determining whether an alien is likely to become a public charge at any time in the future, DHS will not consider an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Feb. 24, 2020.  Similarly, when determining whether the public benefits condition applies to applications or petitions for extension of stay or change of status, USCIS will only consider public benefits received on or after Feb. 24, 2020.

 

From  https://www.uscis.gov/i-864