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New Policies for 2020, Part 2

Provided by Humera Subhani

March 2020

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	08Oct13	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