Articles Posted in Public Charge

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this important video, attorney Jacob Sapochnick discusses how the COVID-19 pandemic has affected U.S. immigration law and what you should expect going forward.

Overview:

COVID-19 Firm Update

In compliance with government directives, our office remains temporarily closed for any in person meetings with clients and prospective clients. However, our firm continues to be fully functional on a remote basis.

All meetings with current and future clients will take place via phone, Zoom, Facetime, or other remote conferencing medium. At this time, we are not scheduling in-person appointments to prevent the spread of COVID-19. Our focus remains the health and safety of our clients and our employees, while providing the highest quality of service.

If you are a prospective client, you may contact us by phone or schedule a video conference for a free discovery call to determine your immigration needs.

Our Message to Our Current Clients

Our Firm has been hard at work these last few weeks to avoid any disruptions in service as a result of the COVID-19 outbreak, while at the same time acting responsibly to do our part to contain the spread of this virus.

To achieve business continuity, our office will be engaging an Alternate Work Schedule Program that will allow us to remain fully functional and continue our business with the use of remote working technology.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers a frequently asked question: does the public charge rule apply to non-immigrant visas?

Overview:

One of our subscribers asks: I am applying for a student visa at the US Embassy, does the public charge rule apply to me?

Please bear in mind that the answer to this question applies to all non-immigrant visa types including but not limited to tourist visas, fiancé visas, exchange visitor visas, etc.

In general, all applicants seeking admission to the United States are subject to the public charge ground of inadmissibility under INA § 212(a)(4) unless specifically exempted by law.

As it relates specifically to individuals seeking a non-immigrant visa at a U.S. Embassy abroad the public charge rule will apply.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the brand-new Form I-944 Declaration of Self-Sufficiency that must be filed with all applications for adjustment of status postmarked on or after February 24, 2020, as a result of the new public charge rule that became effective on this date.

Who Must File Form I-944?

All applicants filing for adjustment of status on or after February 24, 2020, must file Form I-944 with their application for adjustment of status.

What is on Form I-944?

This video explains Form I-944 in detail including what information appears on this new Form and how to complete the information on this Form.

Please keep in mind that this video is for informational purposes only and does not substitute the preparation or advice of an attorney. To ensure that you have completed the Form correctly you should retain the assistance of an experienced attorney.

Applicants must also bear in mind that the new public charge rule has introduced many new changes that require applicants to follow new procedures such as filing only the latest editions of Forms which are necessary to apply for adjustment of status. The latest editions of these Forms are available on the USCIS website.

Where can I find more information?

To read more about the new Form I-944, please visit our blog post “All About the New Form I-944, Declaration of Self-Sufficiency.”

You can also find more information about the new public charge rule including who is affected, by visiting our FAQs here.

If you need assistance filing for adjustment of status, you may contact our office for a consultation.

Please share if you found this post useful and remember to follow us on our social media platforms Facebook, Youtube, Twitter, and Instagram for more immigration news.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the public charge rule and who is affected.

Overview:

Several categories of people are affected by the public charge rule:

The first category of people primarily affected by the public charge rule are applicants filing for adjustment of status on Form I-485 Application to Register Permanent Residence or Adjust Status.

The second category of people affected by the rule are foreign nationals applying for an immigrant visa at a U.S. Embassy abroad.

Also affected are nonimmigrants applying for a change of status in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Supreme Court’s recent ruling which will allow the public charge rule to go forward and be implemented by the government.

Overview:

On January 27, 2020, in a 5-4 decision, the Supreme Court of the United States ruled in favor of the Trump administration allowing the government to implement the final rule “Inadmissibility on Public Charge Grounds” nationwide except for in the State of Illinois, where litigation remains pending.

Following the Court’s decision, the United States Citizenship and Immigration Services (USCIS) published a news release on its website notifying the public that the agency will begin implementing the final rule on February 24, 2020 to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020 (except for in the State of Illinois). For applications or petitions sent by a commercial courier (UPS/FedEx/ or DHL), the postmark date will be the date reflected on the courier receipt.

According to the press release, “The Final Rule prohibits DHS from considering an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Oct. 15, 2019, when deciding whether the alien is likely at any time to become a public charge. In light of the duration of the recently-lifted nationwide injunctions and to promote clarity and fairness to the public, DHS will now treat this prohibition as applying to such public benefits received before Feb. 24, 2020.

Similarly, the Final Rule prohibits DHS from considering the receipt of public benefits by applicants for extension of stay and change of status before Oct. 15, 2019 when determining whether the public benefits condition applies, and DHS will now treat this prohibition as applying to public benefits received on or after Feb. 24, 2020.” Continue reading

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In this video attorney Jacob Sapochnick discusses some new developments regarding the government’s planned implementation of a final rule that would have made certain individuals inadmissible to the United States on public charge grounds.

On October 11, 2019, judges in three separate cases before U.S. District Courts for the Southern District of New York (PDF), Northern District of California (PDF), and Eastern District of Washington (PDF) granted court orders to stop the government from implementing and enforcing the terms of the public charge rule proposed by the Trump administration. As a result, the final rule has been postponed pending litigation until the courts have made a decision on the legality of the rule on the merits. These court orders have been placed nationwide and prevent USCIS from implementing the rule anywhere in the United States.

What would the public charge rule have done?

The public charge rule was set to be enforced on October 15, 2019. The rule would have expanded the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa to enter the United States.

A person would have been considered a “public charge” under the rule, if they received one or more designated public benefits for more than 12 months in the aggregate, within any 36-month period.

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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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