What is the “Public Charge Rule”?

The Department of Homeland Security (DHS), which is in charge of supervising the US Citizenship and Immigration Services (USCIS), released the “Public Charge” Final Rule during 2019, but the Supreme Court of Justice allowed its implementation until the end of February, 2020.

Broadly speaking, the public charge rule states that any immigration application must be subject to a thorough review by the USCIS to rule out the possibility that applicants might become an unnecessary burden on the country’s economic system.

For instance, if applicants use one or more public benefits for a total of 12 months in a 36-month period, their immigration application may be rejected under the “Public Charge Rule”.

It is important to clarify that each public benefit counts as a full month. It means that if immigrants use two benefits in one month, that would represent two months under the public charge premise.

There are other important aspects that apply to this rule such as financial solvency, studies, age, work experience, inter alia. Besides that, there are also some exceptions like asylum seekers or beneficiaries of humanitarian programs.

Adding to that, this rule applies to:

• Foreigners requesting entry or residence permit for the first time.
• Foreigners who already reside in the US and need to extend their permit or apply for an adjustment of immigration status.

Do you have any questions about your immigration application? Contact Motion Law and follow experts’ advice.

Pandemic disabled “Public Charge Rule”, but court gave green light for its resumption

The arrival of the global Coronavirus pandemic brought the case of the public charge rule to a New York court, mainly because immigrant communities did not want to use medical benefits during the health crisis since their applications could be denied due to public charge.

Therefore, the court ruled against the public charge rule and stated that it would not apply if foreigners use medical services related to COVID-19 during the current juncture.

However, in one of our most recent articles, we talk about the latest decision of the Second Circuit Court of Appeals, which states that the Public Charge Rule can be re-implemented.

Despite the Second Circuit’s decision, the USCIS had not announced any action regarding this rule.

The USCIS updates its official website and resumes the “Public Charge Rule”

On September 22, 2020, the USCIS updated its website and confirmed that the Public Charge Rule is in effect again and will be taken into account when evaluating immigration applications in the US.

Therefore, if you have a pending immigration case, it is essential for you to seek experts’ help to avoid a possible rejection by the USCIS under the public charge premise.

It is important for you to know the options and alternatives available for your immigration application and choose the one that best suits your current needs.

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.