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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
September 2019
Immigration News Briefs

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

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-september-2019.html

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