PUBLIC CHARGE RULE = NO RESIDENCY

On August 8, 2019 the Director of USCIS, Kenneth Cuccinelli II announced the new Public Charge Rule going into effect Mid-October. This new Rule will allow USCIS to exclude immigrants from obtaining permanent resident status (“green cards”) if applicants have in the past or will likely in the future become reliant on public benefits, (i.e. Public Charge). The rule doesn’t affect humanitarian-based programs for refugees and asylum seekers, and children.

The Public Charge Rule lists positive and negative factors to be weighed against each other when determining whether to grant an applicant their “Green Card.” Public Charge is defined as an immigrant who receives one or more designated public benefits for more than 12 months within any 36-month period. According to the Director of USCIS this stems from self-sufficiency, a core value of the American Dream. This new rule not only will make it more difficult for certain applicants to obtain permanent residency, but it will also cause further delays in processing due to the new 15 page form being released as a result of the policy. USCIS will provide information and additional details to the public related to the implementation of this new rule in the coming weeks. Please take note of this new rule and if you are thinking of applying for permanent residency contact our office to discuss options.

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