In the Religious Occupation category, foreign nationals who are coming for formation also live by the rules of the Vow of Poverty. Therefore, we will apply the public charge final rule and related guidance in the USCIS Policy Manual, Volumes 2, 8 and 12, to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. Citizenship and Immigration Services (USCIS) may continue to apply the new … The Department of Housing and Urban Development has proposed eliminating housing benefits for households that include an ineligible non-citizen family member. It asks specifically whether the applicant has a high school diploma or equivalent degree, as well as any higher degrees. The rule further provides that DHS will not consider public benefits received by children, including adopted children, who will acquire U.S. citizenship under INA section 320, 8 U.S.C. This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 60 days from the date of publication in the Federal Register. USCIS will not consider, and applicants and petitioners seeking to extend nonimmigrant stay or change nonimmigrant status need not report, an alien’s receipt of public benefits before Feb. 24, 2020. LAHSA
Only after the NVC considers the applicant “documentarily qualified” will it schedule an immigrant visa interview and forward the file to the consular post. Immigrant visa applicants will need to submit a Form DS-5540, which will likely be pre-screened by the National Visa Center. Share sensitive information only on official, secure websites. 1182(a)(4)): “Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible[…] In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien’s-(I) age; (II) health; (III) family status; (IV) assets, resources, and financial status; and (V) education and skills . Nor do the regulations indicate at what amount the bond should be set, except it must be no less than $8,100. As it has for more than 30 years, CLINIC will fight for the rights of immigrants. Heavily weighted positive factor Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020. On Oct. 10, 2018, DHS issued a Notice of Proposed Rulemaking (NPRM), which was published in the Federal Register for a 60-day comment period. If they have medical issues and no private health insurance, they could face significant scrutiny under the public charge rule. The information regarding eligibility to waive the I-864 will now be captured on the Form I-485, Application to Register Permanent Residence or Adjust Status. But if the consulate subsequently finds the applicant inadmissible based on pubic charge, or any other ground, it will revoke the provisional waiver. Official websites use .gov Congress has exempted certain classes of immigrants from the public charge ground of inadmissibility. Form I-864W The form asks the applicant to list the certifications or literacy courses attended or currently attending, the dates the certificates were obtained, and the name of the person who issued them. The agency’s current response is that “the weight given to an individual factor not designated a heavily weighted factor depends on the particular facts and circumstances of each case and the relationship of the individual factor to other factors in the analysis.” That is the equivalent of saying it is up to the discretion of each adjudicator as to how much weight to give each factor, which confirms that it is a highly subjective test. WASHINGTON — Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources. Applicants must also provide information concerning their credit history, which includes a U.S. credit report from one of the three credit reporting agencies and the credit score. The USCIS will be looking to see if the applicant has been diagnosed with a “medical condition that is likely to require extensive medical treatment or institutionalization or that will interfere with the alien’s ability to provide and care for himself or herself, to attend school, or to work.” In making this determination, USCIS will generally defer to the civil surgeon’s medical report (Form I-693) that is a required part of the application process. Adjudications that occur in the future will use either the new rule or the 1999 Interim Guidance depending on the date of filing—not the date of the interview or the date of the adjudication. Interested in learning more about affiliation? Applicants who are under 21 and unmarried must count the following family members as part of the household size, in addition to themselves: Income The final rule requires applicants for adjustment of status who are subject to the public charge ground of inadmissibility and certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Overall, the new regulations will make it much more difficult for an applicant for adjustment of status or for an immigrant visa to show that he or she is not likely to become a public charge. Post was not sent - check your email addresses! Adjustment applicants who are placed into removal proceedings will be able to renew their applications before an immigration judge, who will give “de novo” review. This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. This form has been used by applicants to “waive” the I-864 requirements if they have earned or been credited with 40 qualifying quarters under Social Security law, are widows, are domestic violence victims, or are children who will derive citizenship upon immigrating. Cash benefits received or certified for receipt before this date will be considered a negative factor, as it is under the 1999 Interim Guidance, but not a heavily weighted negative factor. But the fact that the household qualifies for a designated public benefit program may indicate that the applicant has a low income, in addition to other possible negative factors. Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. USCIS will also not weigh heavily in the totality of the alien’s circumstances the receipt of certain previously included public benefits (for example, Temporary Assistance for Needy Families, Supplemental Security Income, and General Assistance) if received before Feb. 24, 2020. The rule also does not apply to aliens whom Congress exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, and certain nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act, special immigrant juveniles, or to those who DHS has granted a waiver of public charge inadmissibility. DHS will implement the Inadmissibility on Public Charge Grounds final rule beginning on Feb. 24, 2020, including in Illinois. A. Finally, USCIS officials have complete discretion to decide the type of bond—either surety or cash—it will accept. Adjudicators will be basing their decision on public charge inadmissibility on the information provided on forms I-864 and I-944 and their supporting documents, in addition to any responses from the applicant or sponsor during the interview. Evidence of assets and resources Public Charge Inadmissibility: Credit Reports and Credit Scores. In that case the applicant can submit other credible and probative evidence of income, such as a W-2 or a Social Security Statement that provides a history of total annual income. ALERT: U.S. We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. How is a public charge determination made for individuals seeking admission or LPR status? Orphans must show only that the value of their assets equals the shortfall in income. Under the final rule, “likely at any time to become a public charge” means more likely than not at any time in the future to become a public charge (in other words, more likely than not at any time in the future to receive one or more of the public benefits (as defined in the final rule) for more than 12 months, in total, within any 36-month period, such that, for instance, receipt of two benefits in one month counts as two months). However, because a public charge inadmissibility determination is prospective in nature, in the totality of the circumstances, any duration (and amount) of public benefits received may be considered in the totality of the circumstances. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The list of public benefits in the rule is exhaustive with respect to non-cash benefits. 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 FAQs below address many of the concerns raised by practitioners about how the new regulations will affect their clients.