Enterline & Partners Consulting | info@enterlinepartners.com

USCIS Announces New Public Charge Rule on Inadmissibility to go into Effect December 23, 2022

The U.S. Citizenship and Immigration Services (“USCIS”) has announced its final rule for the public charge ground of inadmissibility to go into effect on December 23, 2022.  USCIS will begin to apply the new rule to applications postmarked on or after that date. Until then, USCIS will continue to apply the 1999 Interim Field Guidance on public charge inadmissibility, as it has done since March 9, 2021.

When you apply to be admitted into the United States or become a lawful permanent resident, USCIS (and the United States Department of State) can deny your application if it determines that you are “likely to become a public charge”—meaning you might have to depend primarily on the government to support yourself, or if you have used government benefits while in the United States. The final rule sets out how USCIS will make this determination.

The new rule is designed to clarify the confusion for public benefits noncitizens are eligible.

What USCIS Will Look At:

Under the final rule, USCIS will determine if you are likely to become a public charge based on the following:

  • Your age, health, family status, financial status (including assets and resources), education, and skills;
  • Whether a sponsor has submitted Form I-864, Affidavit of Support Under Section 213A of the INA, for you (when required); and
  • Whether you have received or are receiving:
    • Supplemental Security Income (SSI);
    • Cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF);
    • State, tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or
    • Long-term institutionalization at government expense.

What USCIS Will Not Look At:

Under the new rule, USCIS will NOT consider the following when making a public charge determination:

  • Benefits received by your family members;
  • Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs benefits;
  • Children’s Health Insurance Program (CHIP) benefits;
  • Medicaid (other than long-term institutionalization at government expense);
  • Housing benefits;
  • Any benefits related to immunizations or testing for communicable diseases; or
  • Other supplemental or special-purpose benefits.

Under U.S. immigration law, public charge inadmissibility does not affect or apply to some applicants. That means the new rule will not affect you if you are:

  • Already a lawful permanent resident (in most cases);
  • A refugee;
  • A person seeking asylum;
  • Applying for or re-registering for Temporary Protected Status;
  • A special immigration juvenile; or
  • Applying for or have T, U, or Violence Against Women Act (VAWA) status.

For a full list of the categories of applicants exempted by Congress from the public charge ground of inadmissibility, see the final rule.

If you have questions about the pubic charge issue or other U.S. visa and immigration questions, please contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

Form I-130 Checklist for Spouse: What Documents Are Needed in a Form I-130?

Filing a family based immigrant petition for a foreign spouse is one of the most commonly applied for U.S. immigration benefits. The Form I-130, Petition for Alien Relative (“Form I-130”), filed with the United States Citizenship and Immigration Services (“USCIS”) is used by U.S. citizens and lawful permanent residents (“Green Card Holders”) to establish a qualifying relationship with their spouse.  One of the most common reasons for delays, Requests for Evidence (“RFE”), or denials is incomplete or improperly prepared supporting documentation. This guide provides  clear and practical recommendations concerning Form I-130 documents helping couples understand what USCIS expects and how to prepare a strong filing. Understanding a Form I-130 for a Foreign Spouse The Form I-130 is not a visa application. It is a USCIS petition to prove that a valid marital relationship exists between the U.S. citizen or Green Card Holder and the foreign spouse. Once approved, the foreign

Read more >
NIV

The Importance of the DS-160 Online Application When Applying for a U.S. Visa

The Importance of the DS-160 Online Application cannot be overstated for anyone applying for a U.S. nonimmigrant visa. Whether you are applying for a B-1/B-2 visitor visa; an F, M, or J student visa; or any temporary visa to the United States, the DS-160 is the foundation of your application and a major step in the U.S. visa process. This article explains why the DS-160 is essential, what information it collects, and how mistakes on this form can impact your visa application outcome. When applying for a U.S. nonimmigrant visa, the DS-160 is the official Online Nonimmigrant Visa Application form required by the U.S. Department of State. Consular officers use this form as the primary source of information to evaluate your eligibility and intent to travel to the United States. Because the DS-160 carries authoritative relevance in every nonimmigrant visa application, providing accurate and truthful information is crucial for your

Read more >

Affiliated Job-Creating Entity, Job-Creating Entity And New Commercial Enterprise In The RIA

A number of key terms are defined EB-5 Reform and Integrity Act of 2022 (“RIA”). Herein we explain the terms “Affiliated Job-Creating Entity,” “Job-Creating Entity,” and “New Commercial Enterprise.” Understanding these definitions is essential for both investors and businesses involved in the EB-5 program. 1. New Commercial Enterprise A New Commercial Enterprise refers to a for-profit organization formed in the U.S. for the purpose of conducting lawful business activities and is receiving investment capital from foreign investors to participate in the EB-5 Program. This could include a wide variety of business structures, such as sole proprietorships, partnerships, registered companies, and others. The New Commercial Enterprise may be publicly or privately owned and receives capital investments from foreign investors. 2. Job-Creating Entity A Job-Creating Entity is any organization that is formed in the United States to conduct lawful business activities, regardless of the legal structure, similar to a New Commercial Enterprise.

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo