public charge rule effective date

1182(a)(4)): “Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible[…] In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien’s-(I) age;  (II) health; (III) family status; (IV) assets, resources, and financial status; and (V) education and skills . This means that the adjudicating officer must weigh both the positive and negative factors when determining whether someone is more likely than not at any time in the future to become a public charge. Self-sufficiency has long been a basic principle of U.S. immigration law. § 1601 (PDF)(2)(A): “It continues to be the immigration policy of the United States that – aliens within the Nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations.”, 8 U.S.C. However, the sponsor may not count any federal means-tested benefits as income. For more information, see our news release. In addition, in certain circumstances, an alien may obtain a waiver of the public charge ground of inadmissibility. For example, applicants residing and working abroad will likely not have a U.S. credit report. DHS will not consider the Medicaid benefits received: For the treatment of an “emergency medical condition;”. If counting the value of real estate, it must include a recent appraisal by a licensed appraiser and indicate the equity value (appraised value minus any loans, mortgage, trust deed, or other liens). Receipt of benefit programs that are not among the nine listed ones will not be considered. The final regulation adds five new programs: non-emergency Medicaid; Supplemental Nutrition and Assistance Program (SNAP, formerly food stamps); Section 8 Housing Choice Voucher Program; Section 8 Project-Based Rental Assistance; and Public Housing. The instructions to the Form I-944 require applicants who do not have a credit report or score to submit a statement from one of the three agencies verifying that they do not have one. effective date of the final rule will not be considered in an individual’s public charge determination. Past receipt of a designated public benefit during periods while the applicant was present in an immigration category that is exempted from the public charge ground of inadmissibility will not be considered.

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