The Public Charge rule will be allowed in all states except Vermont, Connecticut and New York

The Public Charge rule will be allowed in all states except Vermont, Connecticut and New York

If you have any questions related to immigration or the public charge rule in San Diego, California, call us today at (619) 746-8879

The Department of Homeland Security, DHS, will implement the Public Charge rule in all US states except for Vermont, Connecticut and New York. This is according to a Second Circuit Court of Appeals order issued on August 12, 2020.

“The Second Circuit limited the nationwide injunction issued by a lower court on July 29 to these three states only. The case is NY et al. v. DHS”, you can read on this website.

What does this mean? That these three states will have to continue applying the Public Charge guidance that existed before February 24, 2020. However, for the rest of the country, things will change dramatically.

Foreign nationals will need to demonstrate that they are not going to become a Public Charge of the US government when applying for adjustment of status and also when asking for a nonimmigrant extension of stay or any other similar requests. 

“DHS is expected to issue guidance regarding the filing of immigration applications impacted by the new limited injunction. It is expected that these applications must again adhere to the new public charge regulation form and documentation requirements”, the Fragomen website published.

What is the Public Charge rule?

According to the US Citizen and Immigration Services (USCIS), “for purposes of determining inadmissibility, ‘Public Charge’ means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense”.

Earlier this year, the United States government accepted the new Public Charge rule under which those seeking a Green Card will now face more scrutiny of their personal finances and whether they are able to support themselves or not. Since February 24, anyone who uses the consular processing option must file Form DS-5540, also known as the Public Charge Questionnaire. For those seeking adjustment of status in the U.S., all applicants will be required to complete Form I-944.

This form’s objective is to collect information about the person who is seeking the Green Card, their health, financial status and also household size. These details will be used by USCIS officials to determine if the person can support themselves and not become a Public Charge, or dependent on the government’s benefits, in the future.

If you have any questions about the Public Charge rule and how this may affect your immigration status or process, contact an immigration attorney today in San Diego, California. Kannan Law is ready to guide you with anything you need regarding immigration, criminal defense and personal injury. Contact us today!