public charge rule effective date
ALERT: U.S. “Support” would likely not include income from the sponsor who submits an affidavit of support unless the income is from the petitioner or a household member. Applicants who are under 21 and unmarried must count the following family members as part of the household size, in addition to themselves: Income In determining public charge inadmissibility, the regulation shifts attention away from the petitioner/sponsor’s income as reported on the affidavit of support and re-directs it to the applicant’s age, health, family status, assets/resources/financial status, and education/skills. Questions concerning income and benefit receipt are not asked on the Form I-90; potential public charge is not a factor that adjudicators can consider. For example, an applicant in a household of four should evidence income of at least $32,187 for 2019. Bear in mind that the Administration issued a separate proclamation mandating that most applicants for an immigrant visa show enrollment in an approvable health insurance plan or the willingness to enroll within 30 days of admission. On August 14, 2019, the U.S. Department of Homeland Security (DHS) published the Inadmissibility on Public Charge Grounds final rule that codifies regulations governing the application of the public charge inadmissibility ground under INA section 212(a)(4). Overall, the new regulations will make it much more difficult for an applicant for adjustment of status or for an immigrant visa to show that he or she is not likely to become a public charge. Therefore, we will apply the public charge final rule and related guidance in the USCIS Policy Manual, Volumes 2, 8 and 12, to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. The determination of an alien’s likelihood of becoming a public charge at any time in the future is a prospective determination that is based on the totality of the alien’s circumstances and by weighing all of the factors that are relevant to the alien’s case. DHS published the rule on Aug. 14, 2019, but, shortly before the final rule was scheduled to go into effect on Oct. 15, 2019, several federal courts enjoined the rule (that is, legally prohibited DHS from implementing it at that time). In addition, nonimmigrants who are specifically exempted from the public charge ground of inadmissibility will not be affected. Applicants who are 21 years or older or married Applicants who are 21 years or older or married must count the following family members as part of the household size, in addition to themselves: their spouse if physically residing with them, their children physically residing with them, their other children not physically residing with them but for whom they provide or are required to provide at least 50 percent of their financial support, any individuals (including a spouse not physically residing with them) to whom they provide, or are required to provide, at least 50 percent of the individual’s financial support, any individuals who are listed as dependents on the applicant’s federal income tax return, any individuals who provide at least 50 percent of the applicant’s financial support, and. Federally funded Medicaid (with certain exclusions). It will be considered a heavily weighted negative factor if the applicant is authorized to work, not a full-time student, and is unable to demonstrate current employment, recent employment history, or a reasonable prospect of future employment. This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds. The rule will become effective 60 days after it is officially published in the federal register.
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