This is what’s called “inadmissible due to public charge.” This means that if the consular officer believes that the beneficiary will need government assistance (either cash or non-cash), they must refuse the visa. Are you currently a green card holder? Note: This new rule has gone into effect 1/27/2020! OMB No. Your email address will not be published. Generally, it is benefits received by you, the applicant for a visa or green card — not benefits received by your family members — that are to be considered in the public charge test. Certain applicants whom USCIS have asked to submit a public charge bond will need to use another new form, Form I-945, Public Charge Bond. We value diversity of opinions and perspectives. There is no prior history of how the new “public charge rule” — effective Oct. 15, 2019 — will be applied. Not all benefits will be negatively impacted by the new rule. What changes to public charge policy apply to me?

The rule process takes months, so you have time. Think through the impact this proposed rule may have on you and your family. This can also affect your odds of getting a green card. U.S. I’ve also highlighted in RED how much 250% of the poverty guidelines really are. In some states, the information on this website may be considered a lawyer referral service. No. Help received through programs that aren’t listed, such as education, child-development, employment, and job-training programs, are not part of the public charge test. Trump has said that he wants more educated young immigrants entering the US instead of non-educated older immigrants. What are Trump’s proposed changes to the public charge rule? Before a consular officer can determine whether someone is likely to become a public charge, they must-have criteria that will help them make the decision. If you are a U.S. citizen receiving help through public programs, you should continue receiving the benefits you need for which you are eligible. If the government decides to change the rule in response to the comments, it will be at least another month before the rule takes effect.

Contact trusted sources of information, including: Groups all over the country are monitoring and planning to fight the changes to public charge policy in the proposed rule. What should I do? People applying for adjustment of status (a green card, when sought within the U.S.) who are subject to the public charge ground of inadmissibility and to the new rule will have to submit Form I-944, Declaration of Self Sufficiency. Well, it’s kind of like a test you have to pass in order to be granted your visa or green card. WAYS TO GET INVOLVED: The rule process takes months, so you have time. If you are all concerned about the benefits that you are receiving, you should double-check to see if they are included as part of the new public charge rule and decide whether obtaining your green card is your first priority. Applying for and receiving foods stamps may affect your chances of getting a green card. What if I receive a benefit that’s not listed?

| I have a green card and am planning to travel outside the U.S. What changes to public charge policy apply to me? To summarize the 800 page DHS document, it states that noncitizens (or aliens) whom the government believes are likely to receive cash assistance or to need long-term care at government expense should be refused admission into the United States. We suggest that, before you leave the U.S., you discuss your travel plans with an immigration attorney. | Can naturalized U.S. citizens lose their U.S. citizenship if they use programs like Medicaid or food stamps? BACKGROUND: What or who is a “public charge”? This criterion is pretty obvious to most people. Your email address will not be published. Learn more about MomsRising on our About page. Have you ever been approved for a US visa? I believe this was intentional. | What if I am serving in the military? DHS has full discretion to invite you to submit a bond. As you can see, many of them have to do with Medicaid.

Gonzales & Gonzales Immigration Bonds 440 E Commonwealth Ave, Fullerton, CA 92832 Tel: 1-800-628-8888 Fax: (213) 628-8382 Email: gandgbonds@gandgbonds.com. But you may have a problem if you leave the U.S. for more than six months and then try to reenter the country, because at that point you are requesting “reentry” into the U.S. If you do not want to give your name, you can ask a friend or representative to share your story for you. Before the proposed rule can become final, the government must, INFORMATION FOR NONCITIZENS APPLYING TO ENTER THE U.S. OR TO ADJUST STATUS TO LAWFUL PERMANENT RESIDENCE.

Establish income levels that would be weighed against or in favor of applicants in the public charge test. Required fields are marked *, https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility, https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20791/0-0-0-20802.html. The new proposed rule would exclude from the public charge test consideration of benefits received by active duty servicemembers and their spouses and children.

The proposed new rule would broaden the definition of who is to be considered a public charge so that it includes immigrants who use one or more government programs listed in the proposed rule. MomsRising.org is a joint website of MomsRising Together, a 501(c)(4) social welfare  organization, and MomsRising Education Fund, a 501(c)(3) public charity.



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