New Immigration Green Card Public Charge Rule Takes Effect on February 24th, 2020
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
What is a public charge?
The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.
What are considered "public benefits" under the new rule?
Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).
How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future?
A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.
Will this change mean more paperwork?
Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.
Implementation of the new rule will be messy. Contact us today for expert assistance at 415-413-8760 or theteam@huwelaw.com.
New Green Card Public Charge Rule: Are You Prepared?
A new government regulation that will affect green card applicants is scheduled to go into effect on October 15th. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
A new government regulation that will affect green card applicants is scheduled to go into effect on October 15th. Here is what you need to know.
Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.
What is a public charge? The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.
What are considered "public benefits" under the new rule? Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).
How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future? A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.
Will this change mean more paperwork? Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.
Will the government consider benefits that an applicant received before the new rule goes into effect? No. The government will not consider benefits received before the new rule goes into effect when using the totality of circumstances test.
Is this change certain to go into effect on October 15th? No. Nearly 20 states have filed lawsuits attempting to halt the implementation of the new rule. It is possible that a court will issue an injunction preventing the rule from going into effect on its scheduled date.
If I qualify to apply for a green card now, should I submit my application prior to October 15th? Yes! You can avoid the new rule entirely if you submit your green card application before it goes into effect. Contact us
today at 415-496-9040 or theteam@huwelaw.com for a free 15 minute phone call to get started.
Can You Apply for a Green Card Next Month? Check the August Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Why your green card or naturalization interview could now be scheduled farther from home
A new government policy makes it possible for your green card or naturalization interview to be scheduled outside of your normal USCIS jurisdiction.
A new government policy makes it possible for your green card or naturalization interview to be scheduled outside of your normal USCIS jurisdiction.
There are currently large backlogs in some areas of the country in the processing of applications to adjust status (green card) applications, and applications for naturalization. This is causing a big discrepancy in processing times based on where an applicant resides. To help ensure more uniformity across the nation, USCIS has announced that it will begin shifting caseloads between field offices. That means that your green card or citizenship interview may now be scheduled earlier, but at a USCIS office located farther from home. USCIS has stated that the change will not affect the location of biometrics appointments.
For assistance with your green card or citizenship application in any jurisdiction, please contact us at theteam@huwelaw.com or 415-496-9040.
Spouses of Permanent Residents can File Their Green Card Applications in July!
Are you the spouse of a permanent resident who has been lawfully residing in the U.S., waiting for the F2A preference category to become current so that you can apply for your green card? Well wait no more! The U.S. Department of State Visa Bulletin for July 2019 has just been released, and shows the F2A category as current across all countries.
This means that in July, the spouse of a permanent resident will be able to submit the I-130 Petition for Alien Relative and I-485 Application to Adjust Status concurrently. Alternatively if your permanent resident spouse has already filed an I-130 Petition on your behalf, you will be eligible to submit the I-485 Application for your green card beginning July 1st.
Assembling the required documentation for a green card application takes time. Contact us today at theteam@huwelaw.com or 415-496-9040 to get started now!
