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New Policies for 2020, Part 2

Provided by Humera Subhani Email Provided by Humera Subhani
March 2020
New Policies for 2020, Part 2

Public Charge Rule now in effect

The U.S. Supreme Court ruled that the Department of Homeland Security could implement their new rule relating to the “public charge” ground of inadmissibility. DHS announced that the rule would go into effect on February 24, 2020. Adjustment of Status (I-485s) applications postmarked before February 24, 2020 will be adjudicated under policies in place before the new rule.

Grounds of inadmissibility are reasons that a person could be denied admission into the United States, a visa, or a green card (lawful permanent residence). An immigration officer must now decide whether a person is likely to become dependent on certain government benefits in the future, which would make them a “public charge” and therefore inadmissible.

The public charge rule does not apply to everyone applying. U visa holders, T visa holders, asylees, refugees, and many more categories are exempt. It also does not apply in the naturalization process, through which lawful permanent residents apply to become U.S. citizens. It mainly impacts those seeking permanent resident status through family member petitions.

Change or Extension of Non-immigrant Status

A new DHS rule requires applicants for change or extension of their nonimmigrant status (COS/EOS) to demonstrate that since obtaining that nonimmigrant status, until the date USCIS adjudicates the COS or EOS application, they have not received one or more of the listed public benefits for more than 12 months in the aggregate within any 36-month period. DHS will only consider public benefits received on or after February 24, 2020 for petitions or applications postmarked on or after that date.

The COS/EOS standard, although it refers to the new definition of public benefits, is a new standard introduced by DHS to get around the fact that COS/EOS applicants are not in the statutory grouping of applicants for a visa, admission, or adjustment. DHS notes, "Neither the NPRM nor this final rule is intended to apply the public charge ground of inadmissibility to extension of stay or change of status applicants. Instead, DHS is exercising its statutory authority to set [this] new condition."

Revised Forms I-539/I-539A and I-129 will elicit the information needed by asking both if the applicant has received or is currently certified to receive (by the benefit-granting agency) any of these benefits, and also asking for the date the alien started receiving the benefit, or if certified, the date the alien will start receiving the benefit, and the date the benefit ended or expires.

APPLICATION FINAL ACTION DATES FOR March 2020

 

FAMILY

India

Pakistan/Bangladesh

1st

08​Oct13

​08Oct13

2A

Current

​Current

2B

15Sep14

​15Sep14

3rd

15Dec07

​15Dec07

4th

08Dec04

​01Jul06

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

​01Mar15

01Mar19

2nd

22May09

Current

3rd

15Jan09

01Jan17

Other

15Jan09

01Jan17

4th

Current

Current

5th

22Oct18

Current1B

 


DATES FOR FILING VISA APPLICATIONS - March 2020

 

 

FAMILY

India

Pakistan/Bangladesh

1st

08Jun14

​08Jun14

2A

01Jan20

​01Jan20

2B

15May15

15May15

3rd

15Aug08

​15Aug08

4th

08Aug05

​22Jul07

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

15Mar17

Current

2nd

01Jul09

Current

3rd

01Feb10

01Jan19

Other

01Feb10

01Jan19

4th

Current

Current

5th

Current

Current1B

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

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