NEW PUBLIC CHARGE RULE

On February 5, 2020, US Citizenship & Immigration announced new policy guidelines and revised forms to establish either admissibility or inadmissibility based on Public Charge. Under the new rule, instead of evaluating whether someone might become primarily dependent on cash assistance, or Medicaid coverage for long term institutionalization, the new policy is to see who more than likely will receive benefits for more than 12 months within any 36 month period. The focus also moves away from the petitioners income and redirects the inquiry to the applicants future earning potential based on their financial stats, age, health, family status, education, skills.

All applicants for admission to the United States are subject to the public charge ground of inadmissibility under Section 214 (a) (4) of the Immigration & Nationality Act.

Congress has exempted certain classes of individuals from the public charge rule. Refugees, Asylees, victims of crimes and trafficking, and certain VAWA ( Violence Against Women Act ).

For a list of the Public Benefits that count under the new Public Charge Rule, the USCIS website has the list.

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Law Office of Kevin M. Tracy

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