On October 10, 2018, the Trump administration published its proposed changes to the public charge rule in order to ensure that those admitted as immigrants and temporary visa holders are more likely to be self-sufficient, and not a public charge (someone who is likely to be primarily dependent on the government for survival). The proposed rule will expand the types of public assistance that will be considered by immigration officials in making a public charge determination for new applicants, and will be more strict on how much past or potential future dependence on public assistance will disqualify an applicant.
Conrad E. Pollack, PPID’s managing partner and head of our immigration department, highlights important details about the proposed public charge rule that the public should be aware of:
The Rule Considers the Following to be Public Benefits:
Basic Factors Considered in Determining if Applicant Will Become a Public Charge:
Heavily Weighed Negative Factors Include:
Heavily weighed positive findings revolve around income. If an applicant is over 250% of the Federal Poverty Guidelines, the applicant should not be scrutinized.
Now that the proposed rule is officially published in the Federal Reserve, there will be a 60-day public comment period that closes on December 10, 2018. Following the 60-day period and DHS’s consideration of the comments made, it would issue final regulations and an effective date for the rule. Pollack, Pollack, Isaac & DeCicco, LLP will continue to advise of any changes still to come and the final rule in public charge determinations.
For more information on the proposed “public charge” rule or to speak with a reputable US immigration attorney in New York City, please contact our firm online or call 800-223-2814.
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