Articles Posted in Public Charge

In this video attorney Jacob Sapochnick discusses a new rule, effective October 15, 2019, that expands the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa.

Overview: 

Receipt of certain public benefits by a non-citizen may render that individual ineligible to obtain: a visa to the United States, adjustment of status to permanent residence, or ineligible for admission to enter the United States.

The final rule defines a public charge as any alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period.

Under the final rule, immigration will now be taking into consideration the following benefits to determine whether an individual is or is likely to become a public charge to the U.S. government:

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In this live stream, attorneys Jacob Sapochnick and Marie Puertollano discuss recent topics in immigration including the immigrant caravan, the new proposed rule to restrict admission of aliens reliant on public benefits, updates relating to the I-751, NTA memos, and the upcoming H-1B season and new proposals.

Immigrant Caravan

The immigrant caravan is comprised of a large group of individuals traveling together from Central America for the purpose of claiming asylum in the United States. Unfortunately, there are long waiting times for individuals to be scheduled for what is known as a “credible fear” interview, where an immigration officer will determine whether the applicant has a credible fear of asylum. This waiting period of course is exacerbated by the large amounts of people who continue to seek asylum at a port of entry.

Proposal to Restrict Admission for Aliens Reliant on Public Benefits 

The Department of Homeland Security recently announced a new proposed rule that may prevent non-citizens reliant, or likely to become reliant on public benefits, from gaining admission to the United States.

Under the proposed rule, a non-citizen can be found inadmissible to the United States if they have become reliant on a prohibited public benefit, or if they are likely to become reliant on a prohibited public benefit. The non-citizen seeking to gain admission to the United States bears the burden of proving that they will not become a public charge to the United States government. This can be accomplished by showing that the non-citizen applicant has sufficient finances to support themselves in the United States, or by presenting a signed and completed affidavit of support.

Under the proposed rule receipt of any of the following types of public benefits could make a person inadmissible on public charge grounds:

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