Final Rule on Public Charge Ground of Inadmissibility
ALERT: U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020, except in Illinois, where the rule remains enjoined by a federal court as of Jan. 30, 2020. The final rule will apply only to applications and petitions postmarked (or submitted electronically) on or after Feb.24, 2020. For applications and petitions sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt. When determining whether an alien is likely to become a public charge at any time in the future, DHS will not consider an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Feb. 24, 2020. Similarly, when determining whether the public benefits condition applies to applications or petitions for extension of stay or change of status, USCIS will only consider public benefits received on or after Feb. 24, 2020.
USCIS will post updated forms and submission instructions on the USCIS website during the week of Feb. 3, 2020, to give applicants, petitioners and others time to review updated procedures and adjust filing methods. For more information, see our news release.
For now, DHS remains enjoined from implementing the final rule in Illinois. If the injunction in Illinois is lifted, USCIS will provide additional public guidance.
Self-sufficiency has long been a basic principle of U.S. immigration law. Since the 1800s, Congress has put into statute that individuals are inadmissible to the United States if they are unable to care for themselves without becoming public charges. Since 1996, federal laws have stated that aliens generally must be self-sufficient. This final rule provides guidance on how to determine if someone applying for admission or adjustment of status is likely at any time to become a public charge.
The Law:
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1 comment:
When I applied for permanent resident status (Green Card) in 1997 it was made clear that I could not be a burden to the state. I had a sponsor who was responsible for ensuring that, financially, ultimately. Signed an affidavit to that effect as Pat of the process, IIRC. Why has this not been enforced on all immigrants, and why should anyone be upset about efforts to enforce existing law... unless they have an agenda anathema to the values and tenets of this country; at least those espoused in the Declaration of Independence and the Constitution.
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