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Found 24 results

  1. I believe I understand correctly that a Lawful Permanent Resident who has been living in the US for more than five years and is eligible to receive SNAP (food stamps) benefits can now receive those benefits without the worry of having receipt of food stamps be an impediment to the approval of their application for Naturalization. Also, this individual also has a ten year old daughter who entered the US on a visa last month. I am the financial sponsor with an Affidavit of Support for both of them. My question is: "If the mother begins receiving Food Stamps for herself and her daughter am I, as the financial sponsor who signed the Affidavit of Support for both of them, potentially liable to have to repay the government for those food stamp benefits? Not sure it is relevant in which state the mother will be receiving food stamps; the mother and daughter are currently living in CA but are likely to move to Oregon. Thanks in advance for assistance on this topic.
  2. I am about to start Community college and I was considering applying for the Dream Act, which is not part of FASFA. But I am wondering if the Dream Act would affect my Adjustment of Status (have not sent yet), in other words, would receiving money for educational use through the DREAM Act be considered a public charge and thus deny me my green card? Many thanks, Sara
  3. Since the Public Charge rule is no longer in effect, does this mean we no longer need to bring the DS-5540 to our visa interview?
  4. Hi everyone, This morning I learnt that the form i-944, public charge rule, was dismissed starting on March 9th 2021. I literally got tears to my eyes from how frustrated I felt. I sent my application for AOS in June 2020 and it was rejected in August because of that form not being included (we didn't know about it when we filed). Then we filed again right away WITHOUT that form because it was not required anymore and in NOVEMBER 2020 we got a RFE asking to mail that form, (uscis resumed it once again) that we sent in January 2021 cause it takes forever to put together all the (removed)they require. So, a total of almost 8 MONTHS wasted because of that (removed) form. And now it has been permanently dismissed!!!!!!!! And here I am, can't work, can't get a driving license, can't go visit my family because of that delay. (I still haven't gotten my ead+AP card!!) And in the meantime I had a daughter, which means that every time that I need to go buy groceries or to the pediatrician, I have to walk as I can't drive. We're talking of 6-7-8-9 miles on foot when it's 90-100° outside (I'm in California). Not to mention that I can't contribute to the family finances and that my father had a cerebral stroke and I couldn't go visit him. And also that nobody from my family has seen my daughter yet. All that because of that stupid i-944 form. Which is not required anymore. I really wanna cry now. This post is probably useless, but I guess what I'm hoping for is some support and to know weather anybody else had similar experience and how you guys are dealing with them. Thank you all
  5. So with public charge being dead 💀 now, these are the documents/evidence you DON’T have to provide anymore: - Education/Degree evaluation translation - Credit report/no record of credit report - Bank statements - English proficiency proof - Health Insurance coverage - I-944 These are the documents you WILL need for AOS, EAD, AP, & Affidavit of support: - I-94 - Birth certificate(translated if not on English) - Marriage Certificate - Copy of K1 Visa - Copy of Passport Bio Page and K1 Entry Stamp - I-129F NOA2 (approval notice) - Financial Documents for Affidavit of Support (employed: W-2/Tax Return and Tax Transcript for 2019 or 2020. Self-employed: Schedule C and Tax Transcript for either 2019 or 2020) Public charge burn 🔥 baby 🔥 burn 🔥 DHS Statement
  6. I am a nurse by profession, HIV positive and on meds with undetectable viral load and high CD4, however, my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage. Applicants are no longer being tested for HIV. (1) So do I need to disclose my HIV status? (2) If I disclose, do I become inadmissible in the concept of “public charge” due to high cost of treatment in the US? (3) How do I overcome being a public charge in my case? (4) If I dont’t disclose my status, will I be held at the port of entry due to bringing medications for a condition not revealed during the medical examination? And how many bottles of medication can I bring? I hope someone can help me. I’ve been through a lot. I am very anxious and I don’t want to give up my American dream.
  7. Hi everyone, Is enrolling with Medi-Cal (California's Medicaid) health insurance considered a public charge? I'll need to do a ROC in about 2 years, will it interfere with that? Should I go with Covered California instead? TIA
  8. Hi everyone! I'm filling the form i-944 and I have some doubts concerning part 3, item 15, question D: "have you enrolled or will soon enroll in health insurance but your health wlth coverage has not started yet?" The problem is that the very first question in that item is "do you have health insurance?" I have health insurance since June 2020, so I have active health insurance and I answered yes. And I don't understand weather I should answer yes or no to this question (D), as if I answer yes, it feels like redundant information, if I answer no, I'm afraid that I'm saying that I don't have health insurance! This is confusing because of the part "your health coverage hasn't started yet". What should I answer? Thank you
  9. Hi everyone, I hope I am posting this in the right category. I came to New York in October 2015 as an LPR. In September 2016, I went through the NY State of Health Marketplace (and they forwarded my case to the Local Social Services Department) for health insurance coverage and was found to be eligible for the Essential Plan. I never used my benefits to seek services. In January 2017, I was added to my father's health insurance plan and used that for all health benefits until I turned 26 this year. Now, I went through the marketplace again and was found eligible for Medicaid which I have starting this month December 2020. I have read that green card holders have to be in the US for 5 years before qualifying for Medicaid. I became qualified for benefits in September 2016 which is less than a year since I have been admitted as an LPR. Is that going to be a problem? Does New York State have different laws regarding Medicaid? How do I know if what I have is state funded or federally funded medicaid? Please attach some resources that I can review. I applied for naturalization earlier this year in July and have read about the public charge ruling. Is that going to affect me since I received Medicaid in 2016 (but never used it) and am receiving Medicaid currently (have not used it yet)? I would really just like to make sure that I won't encounter any problems. Thanks!
  10. My husband and I are preparing to submit his I-485 (and all supporting forms/documents). For his I-944, he had an equivalency evaluation done by IEE and we had the results emailed to us so we just printed that out to include with our petition. However, today a mailed copy arrived and it's in a sealed envelope with a stamp over the flap. This obviously seems like a more official copy that definitely wasn't altered in anyway. So should we include the sealed copy? Or is the printed copy good enough? I'm leaning toward using the printed copy and sending the sealed one if it is requested. My husband has a Masters and Ph.D. from well known schools in Scotland, so I am hoping they won't really question the equivalency of his education anyway. Thanks!
  11. Hello guys!! I was just wondering if they will lift the Department of State’s public charge rule injunction anytime soon? Our case is on administrative processing at the embassy, will they ask for DS5540 if the block is overturned?
  12. My wife had her interview at the US Embassy in Bucharest today. She went through the process well and the consul asked her a few questions that she answered without issues. After the questions the consul noted that her case was well documented and thanked her for making his life easy. After this he said that her case was good complete but that it would have to go into administrative processing. He cited some recent judge ruling in the U.S. that prevented him to issue her a visa. He gave her papers back and the form saying that her case is in admin proc and told her that it should all go back to normal in 1-2 days but to check back with the embassy if not. He did not keep her passport and told her she would have to send it in at a later date when all is cleared up. She was not asked to provide a completed DS-5540. Could this be related to the recent ruling in the public charge case? If so, how/why does this affect her? Has there been any ruling recently or change in legislation recently that would prevent a CR1 visa to be issued? Has anyone else had a similar situation? (apart from this https://www.visajourney.com/forums/topic/744753-ceac-says-visa-refused-consular-officer-said-we-were-all-good/) I appreciate your replies!
  13. Finally DOS made an announcement in regards to Public Charge injunction on August 7, 2020. DA-5540 is not required at least for the interim. https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html Update on Public Charge Last Updated: August 7, 2020 On Wednesday, July 29, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing, or treating as effective” the Department’s October 2019 interim final rule and accompanying Foreign Affairs Manual guidance related to the public charge ground of visa ineligibility. The Department is complying with the court’s order and is in the process of updating its guidance to consular officers on how to proceed under the preliminary injunction. In the interim, visa applications that appear to be ineligible under INA 212(a)(4) will be refused for administrative processing to allow for consultation with the Department, including legal review to ensure compliance with applicable court orders. Visa applicants are not requested to take any additional steps at this time and should attend their visa interviews as scheduled. Applicants are not required to complete nor should they present the DS-5540, Public Charge Questionnaire.
  14. Hi everyone, it seems there are lots of us fellow IV interviewees experiencing issues at the Embassies/Consulates interviews. Specifically it seems it is related to the recent court injunctions on the Public Charge at DHS and DOS. USCIS has already clarified that they would revert back to the previous public charge guidance. However, DOS has not provided any guidance or clarification to the Consular Officers/embassies/consulates about how to deal with that. From other forums/posts, many of us seem to experience the impact on that indecision first hand. Please do share your experience and status in regard to your interviews if you had, have or will have an interview in August 2020 or recently.
  15. https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule?fbclid=IwAR3kQCxIUBHfRrnqkAHP7IIo1rZV0c2irFw4jx_ukIPZq7IV-SyWke1CaX8 First good news of 2020, as stated in the link attached, for whosever is filing for AOS in these days, is NOT required to fill the I-944 anymore! "As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition. For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129. Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A."
  16. Hi there, we are new to Visa Journey. My spouse is scheduled to be interviewed for the IR1 immigration visa at the US Embassy in Tokyo in 2 weeks. We are now preparing the documents and questions to be asked. Wonder if any fellow VisaJourney-ers could provide some points on: 1) What documents are required to bring to the embassy? We were told to follow the instructions on State Department embassy website regarding documents to bring to interview. Will there be other additional info to bring? 2) DS-5540 - the “Public Charge” form - it seems the embassy has stopped issuing immigration visa following the ruling on July 29th in SDNY which enjoined the implementation of the “Public Charge” policy. Yet, State Department still has not provided guidance on how to follow the ruling though USCIS did already. 3) What questions would the CO being asking my spouse? Like to hear some real case questions being asked at your interview. 4) Any other tips or pointers would be helpful? Best, TK
  17. I would like everyone to give me their honest opinion. Please Judge my Situation before my Interview. CR1•Waiting on Interview Letter•(1Beneficiary) Petitioner (Male) - Age 29 - No kids - Income $21,000 - Never Used Government Benefits - No health Issues or Disabilities - Has Health Insurance (Wife will be added when in USA) - High School Education - Working at the Same Job 3years - Not Specialized in any skilled (Maybe Customer Service) Current Savings in bank ($10,000) - No Credit Score (applied for a Credit Card to build Score) Household Member (Petitioner Mom) - Income $26,000 - 2 years with Current Job - No Dependants - No health Issues or Disabilities - Never Used Government Benefits - Has health Insurance - No assets (One Car) - Age 62 - Good Credit Score Beneficiary (only one) - Age 30 - No kids - No health Issues or Disabilities - University Diploma
  18. I am marrying my fiance in his home country of the Dominican Republic soon. We will be doing the CR1 visa. He does not come from much money but has a solid work history and technical training title/studied english/graduated high school/is a caregiver. I am in law school and will be using my dad as joint sponsor (who makes well above the necessary amount to sponsor). I am concerned that because I am not currently making money (since I am a full time student) that our application will be denied with the new state department's stricter guidelines. Does anyone have any advice or similar experiences?
  19. How have peoples experience been applying for a green card through consular processing (in our case in Germany) for a spouse when both spouses plus kids currently still live abroad and do not have any U.S. income. The ones applying for the green card will be my wife (stay-at-home mother) and my step-son, both not having any income and the only assets potentially being cash in our german joint bank account. If we do find a sufficient joint-sponsor in the U.S. and we have some cash saved up ourselves (asset), is it still worth applying for a green card from abroad? Especially with this new public charge rule it seems difficult to get a green card for a stay-at-home mother with no income or job and little education and the U.S. citizen husband / main sponsor only having income from abroad / no U.S. income. The other inhumane option would be for me (U.S. citizen) to move back to the U.S. alone to get a sufficient job while my wife and kids stay abroad for the green card process. We would really appreciate any help on this matter for our journey!
  20. USCIS posted a new I-864 Form that must be used starting on 10/15/2019. However, I looked at the new and current forms (side by side) and can't find any differences. Does anyone know what changed, besides the edition number? https://www.uscis.gov/i-864
  21. I’m in the section of immigration where I need to prove I have current health insurance. As a Canadian, how do I get the information? I’m not really sure what they want to see. thanks
  22. Hello All, Looking for a little clarity on the not so clear DS-5540 handling. Discrepancy on instructions: DS-5540 Part 3 Insurance. DS-5540 Instructions: ...If you have insurance and answer ‘yes’ it instructs to attach supporting documentation. DOS Website assertion from February 2, 2020: Line Item 4 states that supporting documents and evidence should ‘NOT’ be uploaded to CEAC. ...to make it more ambiguous Line 3 states that applicants ‘MAY’ scan and upload the completed DS-5540. I’m having a little angst as I’m holding off ‘submitting’ the CEAC due to this ambiguity. Darned if I do, darned if I don’t. I don’t want to get a checklist for this and also want to abide by what limited instructions that have surfaced. Options: 1) Choose the discretionary ‘May’ assertion and DON’T upload anything relating to DS-5540 yet rather just bring it to the interview. 2) Upload DS-5540 without supporting documentation (specifically insurance coverage) and hope for no checklist. 3) Upload DS-5540 and proof of insurance as the only supporting documentation. Then would they checklist for additional artifacts e.g. Secondary Education Diplomas, Occupational Certifications and correspond translations... 4) ... Oh, I am the petitioner for my CRI spousal applicant and am fortunate to have planned ahead and added her to my company insurance under open enrollment for 2020. Calling any/all first hand experience and plausible insights.
  23. Do we need to file I944 - Declaration of Self-Sufficiency AKA "Public charge" for K1 Consular processing? My lawyer has charge me additional fees for this form and also asking me to add my foreign fiancee to add to my health insurance plan in USA. Please help!
  24. Hello everyone! My husband and I sent in our AOS application and it was returned back to us because it was missing two forms; I-944 and I-864EZ...I do not understand the process of the I-944...I want to understand very clearly that everything they are asking about is it for the Petitioner (US Citizen) or Beneficiary (Spouse Seeking the GC)...i.e, the credit history, health insurance, use of public benefits etc...I know the form is very new so we are all trying to figure it out but I know some are further along than others. So pls, those who FOR SURE know this form and how to do it pls let me know so we can move forward with our process
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