The “Public Charge Rule” – Brief Explanation

It’s no secret that President Donald Trump’s administration has a strong stance when it comes to immigration. According to the current president of the US, the massive flow of immigrants must be reduced to avoid saturation of the local economic system and to protect job opportunities an public benefits for American citizens.

Therefore, during his term, President Trump has allowed the implementation of a wide number of restrictions, policies and requirements, which make immigration processes more difficult.

That is the case of the “Public Charge Rule”, an immigration policy that states that the US Citizenship and Immigration Services (USCIS) must reject requests if the applicant could become an unnecessary burden on the government and the economy.

The latest version of the “Public Charge Rule” went into effect in February 2020. The final rule establishes multiple parameters that limit immigrants’ ability to obtain legal permanent residence, admission in the US, extension of residence permits, or change of non-immigrant status if they have used one or more public benefits (such as food stamps) for 12 months in a 36-month period.

Adding to that, USCIS officers can take into account factors such as age, education, health, family or financial status to determine if immigrants could become a public charge.

The pandemic suspended the “Public Charge Rule”

Due to fear of deportation or rejection of their applications under the premise of public charge, hundreds of immigrants avoided using medical services and benefits during the massive Coronavirus outbreak, exacerbating the health crisis in the US.

Therefore, in July 2020, a New York court suspended the implementation of the “Public Charge Rule” during the sanitary emergency caused by COVID-19.

However, this restriction was lifted by the Second Circuit Court of Appeals in September. The Court of Appeals ruled in favor of the Trump administration and stated that the rule should apply again for the review of immigration requests.

Protect your future by submitting a strong immigration application. Contact Motion Law and follow the advice of experts.

Federal judge once again overrules the “Public Charge Rule”

On Monday, November 2, 2020, just one day before the US presidential election, a federal judge from the Northern District of Illinois overruled the “Public Charge Rule”, stating that considerations for the implementation of this rule are quite broad and confusing, as well as “arbitrary and capricious.”

Therefore, this decision came into force right after the judge’s ruling. The government may take the case to the Supreme Court of Justice for further review, but, for now, the “Public Charge Rule” is not active.

Do you need help with an immigration case?

Immigration policies are constantly changing, depending on the leader of the nation and his/her administration. In addition to that, the health crisis also contributed to some immigration processes changing.

However, we are seeing how processes gradually return to normal and it is the right time for you to start your immigration journey in the US.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.