DOS New Form DS 5540 - Public Charge Questionnaire

[geowrian 22,335]

6 minutes ago, retheem said:

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.

The DOS public charge rule (different than the DHS public charge rule) is being implemented now as well.

 

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

The OMB approved the DS-5540 for use starting 2/24/2020.

https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202002-1405-002

The FAM was updated to reflect use of the DS-5540.

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

It is not yet entirely clear when this form will actually be required by the consulate, or when it is provided/completed.

 

[barevfamilyman 1]

Some clarity for the transition to consulates implementing the new DOS rule quoted from https://fam.state.gov/fam/09fam/09fam030208.html

 

Quote

(5)  (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.

 

 

It sounds like all interviews starting today will, even if DQ'd before 02/24, will be subject to the the new public charge rules

[retheem 553]

17 minutes ago, geowrian said:

The DOS public charge rule (different than the DHS public charge rule) is being implemented now as well.

 

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

The OMB approved the DS-5540 for use starting 2/24/2020.

https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202002-1405-002

The FAM was updated to reflect use of the DS-5540.

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

It is not yet entirely clear when this form will actually be required by the consulate, or when it is provided/completed.

 

Correct, the interim rule is there. However, at the embassy level it has not been implemented yet. And no one knows when. I looked at the form, the only information which is there and not on the I-864 form is the insurance information.

[geowrian 22,335]

32 minutes ago, retheem said:

Correct, the interim rule is there. However, at the embassy level it has not been implemented yet. And no one knows when. I looked at the form, the only information which is there and not on the I-864 form is the insurance information.

Right, there has not yet been word on implementation by the consulates. Although the pathway has been paved and intent to do it ASAP is there (they filed an expedite with the OMB to get the last hurdle - the DS-5540 - approved for the 24th). So it's not implemented yet, but I would not be surprised if it wasn't by end of months or early next month at this point. We shall see.

 

The I-864 applies to the sponsor. The DS-5540 applies to the visa applicant.

[jeanieCZ 228]

This article explains it in great detail, a recommended read!!

 

https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/state-departments-new-fam-public

 

"The State Department has chosen to implement this new form and rule change in the most expedient way possible. Rather than giving immigrant visa applicants time to prepare for the changes and apply the DS-5540 only to those who are filing the DS-260 after the effective date, the agency is applying it immediately. In response to public comments on the DS-5540, the agency writes: ”once the DS-5540 is approved, consular officers may ask visa applicants orally or in writing (i.e., using the form) any or all of the questions from Form DS-5540 necessary for the consular officer to make the public charge determination.”

 

"...clients should be prepared for heightened public charge screening when they appear for consular interviews beginning on February 24, 2020. Clients already scheduled for an interview, including those scheduled in the future and whose DS-260 was submitted before February 24, 2020, should bring with them a completed DS-5540 together with supporting documents."

 

"The FAM reminds consular officials that K visa applicants are not required to submit an I-864 as part of the application process, even though they are subject to the public charge ground of inadmissibility. Officers may, however, ask the applicant to complete a DS-5540. If granted the K visa, the person will be required to submit an I-864 at the adjustment of status stage, assuming he or she marries the U.S. citizen petitioner within 90 days of admission."

[Ryan H 3,790]

***Multiple hijack posts along with the replies to said posts removed; this is not a free-for-all thread, all replies must be directed at the OP's questions.  If this thread is hijacked again, Administrative Action will be taken against the poster or posters who do it; this is the only warning that will be given on this issue.  Thread hijacking is covered by the below quoted provisions of the TOS.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Post so called  SPAM.
• Restrict or inhibit any other user from using and enjoying the Forums.

[Ontarkie 13,917]

~~Thread locked as there has been 5 pages of hijack posts in here. Please start your own thread if you have questions about your own case.~~