Home > Magazine > Immigration > New “Public Charge” Rule Announced

 

New “Public Charge” Rule Announced

Provided by Humera Subhani Email Provided by Humera Subhani
November 2018
New “Public Charge” Rule Announced

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

01J​an09

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

https://www.uscis.gov/visabulletin-November-18

Enjoyed reading Khabar magazine? Subscribe to Khabar and get a full digital copy of this Indian-American community magazine.


  • Add to Twitter
  • Add to Facebook
  • Add to Technorati
  • Add to Slashdot
  • Add to Stumbleupon
  • Add to Furl
  • Add to Blinklist
  • Add to Delicious
  • Add to Newsvine
  • Add to Reddit
  • Add to Digg
  • Add to Fark
blog comments powered by Disqus

Back to articles

 

DIGITAL ISSUE

11_18_Cover_ARTlanta.jpg
 

 

eKhabar

Sign up for our weekly newsletter
eKhabar

Click here    

 

MiRus EB5 Banner AD.jpg

Krishnan Co WebBanner.jpg

SERVITIX.gif

DineshMehta-CPA-Banner-0813.jpg  

Raj&Patel-CPA-Web-Banner.jpg 

Prime Travels.com_new banner 5.10.18.jpg

SDK small banner 7-16.jpg