Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

Homeland Security Proposes To Define “Public Charge” For Immigration Purposes

The U.S. Department of Homeland Security (DHS) recently announced that it will define the term “public charge” for immigration purposes.

Currently, interviewing consular officers at U.S. Embassies and Consulates are authorized to refuse a visa if it is in their opinion that they are likely to become a public charge. Under the proposed rule, “public charge” will be defined as a person who receives certain government benefits. Benefits to be included in the proposed rule include cash assistance, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), Medicaid (with limited exceptions) Supplemental Nutrition Assistance Program (SNAP, or food stamps), and iSection 8 Public Housing.

However, receipt of benefits under certain circumstances will be not held against an alien seeking to immigrate to the United States. For example, vulnerable individuals such as asylees and refugees cannot be held inadmissible on the ground of public charge. Likewise, public benefits received by aliens serving in active duty or in the Ready Reserve component of the U.S. Armed forces and their spouse and children will not be considered in the determination of whether said alien will be a public charge. Finally, receipt of some public benefits by an alien’s U.S. citizen children or the children and adoptive children of U.S. citizens will also not affect their immigration applications.

The proposed rule aims to promote immigrant self-sufficiency and to ensure that immigrants will likely not be a burden on American taxpayers. It will publish in the Federal Register in the coming weeks. Once published, the public will be allowed 60-day to comment.

 

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Enterline and Partners Succesfully Expedites I-130 Petition with Direct Consular Filing at the U.S. Consulate in Ho Chi Minh City

Enterline and Partners is pleased to announce that our attorneys have successfully represented another client with Direct Consular Filing (“DCF”) of  an I-130 Petition for Alien Relative (“I-130 Petition”) at the U.S. Consulate in Ho Chi Minh City (“Consulate.”) Our clients, a U.S. citizen and Vietnamese citizen, approached us after the U.S. citizen received a job offer which required his immediate relocation back to the United States. Following our consultation session in which we thoroughly discussed how DCF is adjudicated as well as advising that it remains discretionary, the couple decided to proceed and engaged our office to file the initial DCF request. Our team worked diligently in gathering all of the required and supplemental documentation needed before the DCF request could be filed. Once everything was finalized, we submitted the request. Less than a week later, the Consulate approved our DCF request and scheduled the client to file the

Read more >

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders.  In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts. While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the

Read more >

When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end. When Will These Obligations End?  A sponsors obligations under a Form I-864 end when the sponsored immigrant: A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death. Divorce does not terminate the responsibility, and if the sponsor dies,

Read more >
Vietnam
icons8-exercise-96 chat-active-icon
SunMonTueWedThuFriSat
293012345678910111213141516171819202122232425262728293031123456789