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Immigration News Briefs

Provided by Humera Subhani

September 2019

New “Public Charge” Rule
DHS is changing the public charge grounds of inadmissibility of persons seeking admission into the USA or applying for change of status. It looks at who is "likely at any time to become a public charge" and therefore inadmissible to the United States. It does not apply to permanent residents applying to become citizens; also, some noncitizens, such as asylees and refugees, are exempt from public charge determinations. Nonimmigrants seeking a change or extension of status will have a more limited public charge determination. It would mainly impact those seeking permanent resident status through family member petitions. It is scheduled to go into effect on October 15, 2019; however, thirteen states have already filed lawsuits against this rule.

The new rule is vastly more restrictive than current policy and could result in significantly higher USCIS denial rates. It will also require a new form and documentation which could further delay processing times at USCIS offices.

The new rule would remove the consideration of whether an individual is primarily dependent on public benefits, redefining public charge as a noncitizen who receives a specified public benefit for more than 12 months in the aggregate within any 36-month period (e.g., receipt of two benefits in one month counts as two months).

A public benefit would include Social Security Income (SSI), Temporary Assistance for Needy Families (TANF), cash benefits programs for income maintenance (e.g., "General Assistance" State programs), Supplemental Nutrition Assistance Program (SNAP), Section 8 Housing Assistance, Section 8 Project-Based Rental Assistance, Medicaid (with exceptions, e.g., benefits received by individuals under the age of 21 and pregnant women, or for a period of 60 days after the last day of pregnancy), and Section 9 Public Housing.

An affidavit of support will not determine if an individual is likely to become a public charge. Rather, USCIS will consider the alien's age; health; family status; education and skills; and assets, resources, and financial status, taking into account many positive and negative factors.

One negative factor is an applicant's receipt of specified public benefits for 12 or more months in the aggregate within any 36-month period, beginning no earlier than the 36 months prior to the application for adjustment of status or adjustment. However, DHS will not regard as a negative factor the receipt of specified benefits prior to the rule's effective date, with the exception of cash assistance and long-term institutionalization benefits that DHS already considers relevant to the public charge determination under current policy. A positive factor is having a household income of at least 250% of the federal poverty level.

APPLICATION FINAL ACTION DATES FOR September 2019

FAMILY	India	Pakistan/Bangladesh
1st	01Jan13	01Jan13
2A	Current	Current
2B	01Jun14	01Jun14
3rd	01Sep07	01Sep07
4th	22Sep04	01Nov06

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Unavailable	01Oct17
2nd	08May09	01Jan18
3rd	01Jul05	01Jul16
Other	01Jul05	01Jul16
4th	Unavailable	Unavailable
5th	01Sep17	Current1B

DATES FOR FILING VISA APPLICATIONS - September 2019

FAMILY	India	Pakistan/Bangladesh
1st	01May13	01May13
2A	01Jul19	01Jul19
2B	15Oct14	15Oct14
3rd	22Jan08	22Jan08
4th	22May05	08Mar07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Oct17	01Sep18
2nd	01Jun09	Current
3rd	01Apr10	Current
Other	01Apr10	Current
4th	Current	Current
5th	Current	Current1B