Apply For Your Green Card by 2/23/20 or Face Trump's New Public Charge Rule!

On February 24, 2020, the US Citizenship and Immigration Services (USCIS) will implement the new final public charge rule, except for residents of Illinois (due to an ongoing court case, however, this can change at any point). The new rule will make it more difficult for people in the US to to go from their current status to legal permanent resident status (green card). Many of the immigrants who will be affected are those who are already in the US and have a pathway to a green card through a family member or a job. The bottom line is that immigrants who are able to submit their applications by February 23, 2020 will fall under the old, less restrictive rule, and therefore should apply asap!

Public charge means that the immigrant is likely to become dependent on certain public benefits. Under the old rule, if someone is eligible for legal permanent resident status while in the US, their likelihood of becoming a public charge is evaluated through the financial sponsorship of 1 or more sponsors.

The new rule will take into account several factors. First, the financial sponsorship mentioned above will continue to be evaluated. Second, the immigrants age; if the immigrant is within the working age of 18 to 62 that would be a positive factor, unless they are unemployed without a good reason. Immigrants younger than 18 or older than 62 would have a negative factor in terms of age. For immigrants under the age of 18, their parents financial ability to care for them would be considered. Third, the immigrants health; the worse the immigrants's health the more of a negative factor it will be. However, private insurance and the ability to pay for medical treatment will be a positive for those who have ongoing health issues. Fourth, family status; this means the size of the household in relation to the household income. Therefore, a large household with low income would be a negative, while a small household with high income would be a positive. Fourth, assets, resources and financial status; wealth will be a positive and low income will be a negative. Fifth, education and skills; more education and skills will be positive and less will be negative.

Additionally, the new rule also looks at the immigrant's use of certain benefits. The rule only considers the immigrant's use of the benefits and not those of household members who may qualify for those benefits, such as US citizen children. Rather than dis-enroll in benefit programs, immigrants should contact a qualified immigration attorney for advice. The benefits that are prohibited are: Supplemental Security Income (SSI); Temporary Assistance to Needy Families (TANF); state general relief or general assistance—as well as a Medicaid program that covers institutionalization for long-term care; non-emergency Medicaid; Supplemental Nutrition and Assistance Program (SNAP, formerly food stamps); Section 8 Housing Choice Voucher Program; Section 8 Project-Based Rental Assistance; and Public Housing.

In conclusion, there is more to this new rule than I am able to cover in this blog post. Additionally, similar rules are being implemented for immigrants outside the US but that is also beyond the scope of this blog post. I intend to cover additional issues regarding this rule in in the near future. These rules are designed to punish low income, sick, disabled, elderly, low skilled and under educated immigrants. Speak to a qualified immigration attorney to learn more and if you are eligible, submit your application before 2/23/20!