DOS New Form DS 5540 - Public Charge Questionnaire

[geowrian 22,335]

17 minutes ago, Duke & Marie said:

Looks like they DOS approved DS4450 for use on 20/2/20 to be implemented from 24/2/20.. they also updated their policy manual on the 21st

 

https://www.aila.org/Authentication/Error/NotLoggedIn

Wrong link

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https://fam.state.gov/FAM/09FAM/09FAM030208.html

Thanks. Below is the section about when it would be evaluated. Looks like (?) it will apply for anybody who is not at least DQ at NVC as of the effective date, if I'm reading it correctly.

 

That said, what exactly is the effective date? According to the DOS website on the matter, it says it is October 15, 2019. Not the implementation date.

https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html

"Although the effective date of the interim final rule is October 15, 2019..."

 

Is this a wording discrepancy or intended? I cannot say.

 

FAM section:

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(U) Informing Applicants of Required Documentation: Post will necessarily process some cases that were documentarily qualified by NVC or KCC prior to the effective date of the public charge rule or without the DS-5540.  To help ensure a smooth transition, you should make every effort to inform applicants in advance of the visa interview of supporting documents that will help you resolve a public charge determination.  This could include a request that applicants complete and upload the DS-5540 to the CEAC, or bring it with them to the interview.  Posts may also request applicants bring with them to the interview supporting financial documents or other documentation post knows would be relevant.   Ideally, you should be in a position to assess whether applicants are ineligible for visas under INA 212(a)(4) at the end of the initial visa interview, assuming that the applicant has made reasonable efforts to submit the evidence originally requested.  Applicants who you determine are more likely than not to become a public charge at any time after admission even after the presentation of additional evidence, should be refused under INA 212(a)(4) instead of INA 221(g); however, you must provide applicants an opportunity to provide a completed DS-5540 before you refuse an application under INA 212(a)(4).  Adequate time and effort spent prior to and during the initial interview can save work for the post and the applicant in this respect.

 

I'm still not able to find an official source on the implementation date. I know OMB approved it for use on or after the 24th, but I have not seen the DOS say they would do so or not yet.

Edited February 23, 2020 by geowrian

[SrilankanstoUS 11]

From what I read through above links it has become my understanding that this new form at the consular processing applies only for the applicants who does not need a sponsor to come to the USA. e.g DV lottery winners. I don’t know these us immigration laws make you go ###### crazy 😭

[geowrian 22,335]

9 minutes ago, L&U said:

From what I read through above links it has become my understanding that this new form at the consular processing applies only for the applicants who does not need a sponsor to come to the USA. e.g DV lottery winners. I don’t know these us immigration laws make you go ###### crazy 😭

From the FAM link mentioned:

Quote

(3)  (U) Documenting Assets, Resources, and Financial Status in DS-Form 5540, Public Charge Questionnaire:

(a)  (U) Immigrant Visa Applicants:  All immigrant visa applicants subject to INA 212(a)(4) must complete and submit a Form DS-5540, Public Charge Questionnaire.  (If a family unit applies together, only one form is required).  The DS-5540 provides information to assist you in determining whether the applicant is more likely than not to become a public charge, based on the totality of the applicant's circumstances.  Unless specified on Form DS-5540, applicants are not required to submit supporting documentation.  However, if you determine documentary evidence is necessary, you may request an applicant to establish the adequacy of financial resources by submitting, for example, evidence of bank deposits, ownership of property or real estate, ownership of stocks and bonds, insurance policies, or income from business investments, as well as those of any household members.

...

(b)  (U) Nonimmigrants: You may request a nonimmigrant visa applicant to complete the Form DS-5540 in any case where you believe additional information is necessary to determine whether the individual's assets, resources, and financial status are sufficient to address any concerns about eligibility on public charge grounds.  Alternatively, you may ask the applicant(s) any or all of the questions from Form DS-5540 necessary for you to make the public charge determination (including orally). 

It seems like, to me, it applies to all IV applicants subject to the public charge inadmissibility (INA 212(a)(4)).

And it is optional for NIV applicants.

Edited February 23, 2020 by geowrian

[Duke & Marie 1,389]

2 hours ago, geowrian said:

From the FAM link mentioned:

It seems like, to me, it applies to all IV applicants subject to the public charge inadmissibility (INA 212(a)(4)).

And it is optional for NIV applicants.

In ref to NIV’s I can’t  see them doing it for tourists... possible students and work visas will be targeted also 🤷‍♀️

Edited February 23, 2020 by Duke & Marie

[Duke & Marie 1,389]

3 hours ago, geowrian said:

 

That said, what exactly is the effective date?

 

 I know OMB approved it for use on or after the 24th, but I have not seen the DOS say they would do so or not yet.

Looking at DOS site https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html#ExternalPopup

 

looks like they gave notice of their intention to use in oct 19, saying they wouldn’t use it until OMB approval.. given OMB has given ok from 24 Fed, I’d assume that’s the same date they’ll commence using it

 

Which kind of sucks since I don’t have dq yet and will be pee’d if get delayed again if they review and then go ask for this new form to be submitted 

 

Edited February 23, 2020 by Duke & Marie

[mrstoyou17 21]

I’ve read that it will be given at the interview before the CO makes a negative decision, kinda like a checklist, in regards to the 214g. 
 

Obviously none of us know exactly how it will be implemented but if we’re waiting for DQ from NVC how could these expect us to get up to speed with the new law so quickly, if that makes sense. I’ve been looking into new immigrant Heath insurance but open enrollment is over so what are we supposed to do? Hopefully they take that into consideration when they decide when and how it will be implemented in regards to at which point in the process they will start requesting it. 

[Tesco 53]

14 hours ago, mrstoyou17 said:

I’ve read that it will be given at the interview before the CO makes a negative decision, kinda like a checklist, in regards to the 214g. 
 

Obviously none of us know exactly how it will be implemented but if we’re waiting for DQ from NVC how could these expect us to get up to speed with the new law so quickly, if that makes sense. I’ve been looking into new immigrant Heath insurance but open enrollment is over so what are we supposed to do? Hopefully they take that into consideration when they decide when and how it will be implemented in regards to at which point in the process they will start requesting it. 

I believe that immigration is covered under special enrollment. So anytime and not just during open enrollment. 

[SDNOMAD 17]

20 hours ago, Duke & Marie said:

Looks like they DOS approved DS4450 for use on 20/2/20 to be implemented from 24/2/20.. they also updated their policy manual on the 21st

 

https://www.aila.org/Authentication/Error/NotLoggedIn

 

https://fam.state.gov/FAM/09FAM/09FAM030208.html

 

https://www.aila.org/advo-media/agency-liaison/submit-feedback-notices-requests-for-comment/84-fr-54996-10-11-19

 

 

 

I understood this will only affect individuals who are applying for or undergoing adjustment of status at this time not CR-1 or IR-1 applicants. 

[geowrian 22,335]

1 minute ago, SDNOMAD said:

I understood this will only affect individuals who are applying for or undergoing adjustment of status at this time not CR-1 or IR-1 applicants. 

The DHS rule, correct.

This is the similar (not identical) DOS rule. This does impact visa applicants.

[Ryan H 3,790]

***Hijack post and replies to said post removed.***

[Tesco 53]

I downloaded the form today, just to take a look around. If you select one of the pre-populated items for question 9 or 10, you can't afterwards removed that line, to make blank. 

 

Edited February 24, 2020 by Tesco

[Lil bear 3,831]

3 hours ago, Tesco said:

I believe that immigration is covered under special enrollment. So anytime and not just during open enrollment. 

Correct 

[pushbrk 12,115]

On 2/22/2020 at 7:03 AM, L&U said:

I know that, my question is, since this is a new form and we have already applied for i 130 and as they say the new rule will only apply for applications/petitions filed on or after 24th feb if we will have to go through this new form at the consular processing? 

It will help you avoid confusion if you will learn and use correct terms.  One does not "apply for" an I-130.  One "files" an I-130 ( in this context, for a spouse).  When the I-130 is approved, the visa application process begins.  US Citizens apply for nothing related to US Immigration.  They are already citizens.  Your spouse will "apply for" a visa.  

 

With that in mind, you already have your answer, in that "we don't know yet".  If your spouse is asked to complete a new form, they will (or you will for them) complete it or there will be no visa.  Cross that bridge when you come to it.

[TJL 89]

Our interview is in MNL on March 30th (after rescheduling from Feb 7.)

 

Just wanted to chime in to advise that, just to be on the safe side, we completed the DD-5540 and uploaded it to CEAC, along with proof of health insurance.... just in case.  

 

We don't know who will be required to provide the info yet, but we would rather be proactive and get it on there and bring it, than not have it and need it.

 

For what it's worth:  CEAC has specific doc types now for the DD-5540 and health insurance proofs.

 

I'll advise what happens at the Interview.

[retheem 553]

The public charge rule only applies to those covered under DHS- those applying for the adjustment of status and the likes. Consular processing is under DoS, of which a synonymous rule is not there as per now.