March 4, 2020

Department of State to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

Following the Department of Homeland Security (“DHS”) lead, the U.S. Department of State (“DOS”), which oversees consular processing for immigrant and non-immigrant visas at U.S. Embassies and Consulates, has implemented its new public charge rule as of February 24, 2020.

Immigrant visa applicants will be required to complete a Form DS-5540 Public Charge Questionnaire to review the incoming immigrant’s household size and income, assets, liabilities, education, job skills, health, and receipt of past public benefits. The new regulation applies to all intending immigrants regardless of when the DS-260 Immigrant Visa Application was submitted to the National Visa Center and forwarded to the Embassy or Consulate.

Similar to the DHS’s public charge rule denying adjustment of status to those who have been determined to or are likely to become a public charge, the DOS rule states that anyone who is likely at any time to become a public charge is inadmissible and consequently ineligible to receive an immigrant visa. DOS defines “public charge” to mean an applicant who has received one or more defined public benefits for more than 12 months in the aggregate 36 month period, or who may be likely to receive such public benefits after immigrating. Public benefits include Supplemental Social Security Income (SSI), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Section 8 Housing, Subsidized Public Housing, and Medicaid. The DS-5540 will be used to evaluate the ability of the applicant to support him or herself after immigrating to the United States and thus not rely on future public benefits.

For more information on DOS public charge rule, contact and schedule a consultation session with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str., District 1, HCMC, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline and Partners-Đầu Tư Định Cư tại Mỹ
Website: http://enterlinepartners.com

Manila, Philippines Office
Ad: Unit 2507 Cityland 10 Tower 1, 156 H.V. Dela Costa Street, Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Categories: DHS, DOS, Immigrant Visa, Immigration Lawyer, Public Charge, U.S. Consulate Ho Chi Minh City, U.S. Visa, U.S. Visa Applicant, US Department of State, Visa

Vietnamese Passport Name Order: Common Issues with U.S. Immigration Documents

What Is Capital In The RIA?

David Enterline speaks at IIUSA EB-5 Event in East Asia

What is a Form I-129F? Petition for Alien Fiancé Explained

our services

contact us today for more information

Latest News

What is a Form I-693, Report of Medical Examination and Vaccination Record?

If you are applying for lawful permanent residency (“Green Card”) from within the United States, you have to submit Form I-693, which is a medical exam and vaccination record completed by a specific doctor. Submitting this form shows that you are eligible for a Green Card based on health reasons. Who Can Complete Form I-693? Only a doctor listed on the United States Citizenship and Immigration Services (“USCIS”) website at www.uscis.gov/tools/find-a-civil-surgeon can perform the exam. How Much Does it Cost to Have the Form I-693 Completed? Rates vary by physician. We encourage you to do your research and compare charges for civil surgeons in your area. When scheduling the appointment, tell the office that it is for an immigration medical examination. What Should I Bring to My Medical Examination Appointment? What Happens at the Appointment? You will sign a certification confirming that the information you provide is true. The civil

Vietnamese Passport Name Order: Common Issues with U.S. Immigration Documents

Many Vietnamese citizens face challenges when their names are listed incorrectly on U.S. immigration documents such as visas and Green Cards. This often happens because the naming style also known as the Vietnamese passport name order follows the format: Given/ Surname name → Middle name → Given name, which differs from the Western order of Given/ Surname name → First name → Middle name. Why Name Order Errors Happen? While the U.S. Consulate in Ho Chi Minh City and the U.S. Embassy in Hanoi usually handle names correctly, errors can occur when applications are processed by other Embassies or Consulates, or by United States Citizenship and Immigration Services inside the United States. These errors may cause inconsistencies between your passport, visa, and Green Card, which can lead to complications with government records, employment, or travel documents. What You Should Do After Receiving Your Visa or Green Card? If Your Green

What Is Capital In The RIA?

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the definition of “Capital” as an investment for EB-5 has been updated. Capital includes cash, as well as any real, personal, or mixed tangible assets that are owned and controlled by the investor and which are invested in, or contributed into, the business. Capital can also be assets held in trust for the investor, provided the investor has unrestricted access to them. This guarantees that the funds are accessible for investment purposes and job creation. Capital must be evaluated using Generally Accepted Accounting Principles (GAAP) or other SEC-adopted standard accounting procedures at the time of investment, at fair market value in U.S. dollars. This guarantees uniformity and openness in the investment’s appraisal. The definition of capital excludes several types of assets: However, Capital invested in a business with a buyback option may still qualify if the option can only be

Department of State to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

CATEGORY

contact us today for more information

Latest News