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New “Public Charge” Rule Announced

Provided by Humera Subhani

November 2018

The Trump administration had announced plans for a proposed rule that would prevent immigrants from securing lawful permanent residence and remaining with their families in the United States, if they used any of the public benefits laid out in the regulations. On October 10, the final rule was published in the Federal Register, opening a 60-day public comment period on how the public charge ground of inadmissibility should be administered. DHS will consider public comments and eventually publish a final rule with the date on which that final rule will go into effect.

The proposed rule would apply to individuals seeking admission to the U.S., individuals in the U.S. seeking to adjust their status to that of lawful permanent residents, and individuals in the U.S. who hold a temporary visa and seek to either extend their stay in the same nonimmigrant classification or to change their status to a different nonimmigrant classification.

This rule would not impact groups of aliens that Congress specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act, and special immigrant juveniles. The rule also excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.

What are the public benefits that will be considered?
A. Public charge adjudications would only account for receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, SNAP or food stamps, any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing.
B. Receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes unless the receipt occurred after a final rule becomes effective.

How will DHS decide who is likely to become a public charge under this rule?
At a minimum, a USCIS officer must consider the following factors: Age; Health; Family status; Assets, Resources, and Financial status; and Education and skills.
DHS is also proposing to consider the alien’s prospective immigration status, expected period of admission, and affidavit of support, when an affidavit of support is required under section 212(a)(4)(C) or (D) of the Act.

APPLICATION FINAL ACTION DATES FOR November 2018

FAMILY	India	Pakistan/Bangladesh
1st	22Jun11	22Jun11
2A	15Sep16	15Sep16
2B	01Jan12	01Jan12
3rd	08Jul06	08Jul06
4th	01Jun04	22Mar05

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jun16	01Apr17
2nd	26Mar09	Current
3rd	01Jan09	Current
Other	01Jan09	Current
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - November 2018

FAMILY	India	Pakistan/Bangladesh
1st	08Mar12	08Mar12
2A	01Dec17	01Dec17
2B	22Mar14	22Mar14
3rd	08Jan07	08Jan07
4th	01Jan05	01Jun05

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Oct17	01Jun18
2nd	22May09	Current
3rd	01Oct09	Current
Other	01Oct09	Current
4th	Current	Current
5th	Current	Current1B