Public Charge Changes US Immigration

Just another WordPress site

Public Charge Changes US Immigration

welcome I’m Andres Mejer welcome to my weekly live show Para Ser Legal today I’m going over the public charge rule in detail let me start by saying this rule will change immigration as we know it if your dream is to become a green card holder it just got a whole lot more difficult. A few months ago I did a ******** live where I talked about how immigration USCIS that’s US citizen Immigration Services wanted to change public charge policy and how it would be applied if you look below we’re gonna post the link right there at the time many states filed suit to stop these changes well the Supreme Court decided last week that they would deny the preliminary injunction they decided that you SAS could implement its change while the lawsuit continues what does this mean for you as you move through your immigration journey it means in every state by Illinois February 24 2020 the rules of the road have changed and they’ve changed dramatically so anybody that files after February 24 2020 they will have to deal with in these new rules now what are those new rules well I can tell you what the rules are but the forms themselves are changing how much are they changing we don’t know we haven’t seen the forms yet so we’re talking about the form i-129f like fiance visas religious visas i45 that’s for green card I 539 that’s for change of status for non-immigrant visas or to extend status I eight 64 which is affidavit of support it usually goes along with any green card applications and these changes will be presented to us by February 4th that means we’re gonna have less than three weeks well well that’s about 20 days to figure out how to apply them this affects the entire country but the state of Illinois which still has an injunction now why does this matter to you well one it is a pocketbook issue if you have an attorney your fees are going up after this date you will be paying more for your attorney certainly that suddenly will be true for us it’ll likely be true for every other attorney why there’s an additional form hi 944 which is gonna be a plug it is massive 20 pages it even asks for your credit score it asks for everything it is very detailed but again we haven’t seen the final form so it’s hard to say so who does this effect this rule is all about admissibility so this applies to people applying for admission to the United States that means if you’re if you’re filing for your green card doesn’t matter whether you’re falling in the US or outside the US that’s an admission now if you’re a green card holder and you’re travelling outside the United States and you want to come back in hey you’re gonna have to deal with this rule if you are non-immigrant visa holder and you’re requesting an extension of your visa or a change to another visa think student visa or tourist that wants to become a student visa or an h-1b or vice versa now doesn’t this apply for whose exempt Asylum refugees TPS T and U visas vallah special move in juvenile and special country-specific applications like Iraqi or Afghanistan now public charge inadmissibility does not apply to citizenship if you’re applying to become a u.s. citizen you don’t need to worry about this rule you don’t need to worry about Dhaka Medical deferred action or TPS those are just not relevant to this ground of inadmissibility now what is the definition of public charge today so I’m gonna tell you what it is today I’m gonna tell you what it’s gonna be after February 24 so today and let me tell you in 15 years that I’ve been practicing law I don’t think I can’t recall one example where I’ve ever seen a client of be denied their green card because they’re inadmissible because the public charge so uppity there are other they might say that you know the the affidavit support is insufficient you need to show more income but they don’t couch it in terms of public charge that’s obviously gonna change so today the definition is likely to become primarily dependent on the government for subsistence Wow what does that mean if I’m the government and obviously I don’t work for the government I don’t represent the government I’m a private attorney but if I’m the government and you immigrant want to come into my country I want to make sure that you’re gonna be self

dependent self-sufficient I don’t want to let you in then have to support you so you need to show me that you’re gonna be self-sufficient that sounds great except what if your criteria is so challenging that you’re denying people because they may become dependent on the government for some reason under some circumstances where should that line be drawn well today it’s been drawn very far to denying people so after February 24th 2020 the definition of who will become a public charge is anybody who receives one or more public benefits for more than 12 months in the aggregate within any 36 month period such that if you receive two benefits in one month it counts as two months so let’s just say that next week I don’t know lose my job I lose my house you know something bad happens and I apply for public assistance the government helps me with housing it helps me with food stamps that helps me with insurance so every one of those benefits are received counts as a month even though I’ve only received it for one month now that’s a big deal because in the past you know I would need to have benefits for 12 months straight but if I get three benefits in one month and I have it for four months deskilled counted as 12 months so that’s a pretty big deal now keep in mind most applying for a green card don’t qualify for federal assistance even if they want it but many may still apply for state aid you need to be very careful as to what you’re applying for now how is this rule applied so this is the totality of the circumstances approach so the 12 months out of the 36 is a relatively simple process to calculate what benefit did you get addemup is it more than 12 hours that’s easy but the bigger problem is the ability this new rule gives an officer to determine if someone in the future is likely to become a public charge so you received some benefits less than 12 okay you’re not an admissible but the government can look at that and under all the circumstances they hey you’d like you to need some help in the future and for that reason I’m gonna deny so this test will consider the totality of the circumstances that means no one factor alone should be dispositive but think about it this is not objective this is subjective objective is 12 out of 36 it’s clear it’s obvious it’s you know it’s interpretable now when you’re telling me May what does that mean under what guidelines is the officer gonna have to apply this rule we don’t know what are they going to look at well we know the factors one is H if the applicant is under 18 or over 61 that is a negative thing health now health might affect employment school or immigrants ability to provide for themselves or their family a health issue that needs extensive medical treatment that’s a problem let’s say you come down with cancer god forbid future medical expenses well you have asthma and you may need to be hospitalized in the future for it requires continuing care private medical insurance that would cover the necessary treatment well that obviates the problem of having conditioned household how many dependents do the immigrants have listen if you come from the religious family and I don’t care if you’re Catholic evangelical Muslim or Jewish chances are you come from a large family that means your income has to be a whole lot higher what are your income and assets the focus on income should be more significant than the public charge makes see now for an affidavit of support the petitioner needs to show that their income is uhuh they can maintain the immigrant at a hundred twenty-five percent over the poverty guidelines I don’t think that’s it’s enough anymore you’re really gonna have to be a two hundred or two hundred fifty percent depending on what other factors so does the immigrant have enough assets to pay for reasonably foreseeable medical expenses what happens if here’s matic what happened this is not stuff the government was focused on before now it is but that’s not enough they also want to look at liabilities like mortgage credit card debt unpaid child support they’re looking at everything what’s your education and skills what’s your

length of employment you’re authorized to work but you’re unemployed that’s a negative factor frequency of job changes how long have you been at this job how often do you go from one job to the other what’s your level what’s your English proficiency what’s your level of education now caregivers are exempt from from this if they don’t have this criteria at all but listen you’re looking at everything remember Trump wanted a merit-based immigration system that is in essence what they’re doing here but they’re doing it without Congress’s approval they’re doing it unilaterally so applying the new rules three steps step one you got to figure out whether the public charge even applies so we’re looking at who what’s the category of immigration status that the immigrant has and what are they applying for so what do they have today and what are they applying to so let’s give some examples Roberto he’s 68 years old from an estoppel oh he has TPS he’s been in the u.s. over 30 years he’s working and he’s never received any benefits whatsoever now Roberto has medical problems including sleep apnea COPD diabetes high blood pressure and lower back pain Roberto had matter of fact his his medical condition was so bad he had to reduce his work hours because of his elf and he only earned $14,000 last year it’s enough to pay his rent and utilities but it’s barely over the poverty guidelines now Roberto’s daughter just became a US citizen and she wants to help her father become a lawful permanent resident so applying the public charge rules step one the rule applies because although Roberto has TPS and and he’s exempt from that for TPS he’s applying for his green card now for the green card application the public charge does apply now where remember which rules are we going by USCIS or Department of State he can get his green card in the US if he lives in certain states because getting TPS is considered lawful admission to the United States not New Jersey but if he’s in the Sixth Circuit which means Kentucky Michigan Ohio or Tennessee or in the Ninth Circuit which is Alaska Arizona California Guam or Hawaii any of those states just by having TPS daughter can apply for him in about a year he can become a lawful permanent resident but in New Jersey he will need to have entered legally through some other admission so either he applies for advance parole and he could still do it all those obviously Harvard because Trump is trying to get rid of TPS or someone applied for him on the 2:45 before April 30 2001 otherwise he needs to travel outside the United States and he may need a waiver because he was likely in the US for more than one year without permission before getting TPS if he asked a consular process he needs insurance number one and his medical conditions becomes a big deal unless he’s in short number two if he needs a waiver he doesn’t qualify for a waiver his daughter is applying for him he needs a spouse or a parent who’s a US citizen or lawful permanent resident and showed how they’re gonna suffer extreme hardship so he’s gonna have a real problem if he’s if he needs to travel outside the United States he may just be better off filing it as if it was an adjustment as if TPS was a legal entry and litigated fight with the government saying listen what you’re doing is not right the Third Circuit which is opposed do Jersey Pennsylvania Delaware should be the same as the sick to the ninth circuit and chances are though he’ll win but who knows litigation is what it is and you it’s hard to predict the outcome now he has a better chance if he can adjust the us rather than counselor process because he won’t need to worry about a waiver and he won’t need to worry about insurance but TPS has medical conditions never received a benefit but low income and has medical conditions that’s a problem particularly in the consulate process stage now secondly where are they applying in the u.s. the rules are USC is there outside the US it’s Department of State there are differences but Department of State is updating their rules in conformance with USCIS we just haven’t seen them yet let’s talk about Eddie he’s a 29 year old graduate student he teeth he teaches to pay for tuition since he isn’t eligible for any student loans now Eddie was born in Mexico and has duck I came to the United States as a kid and he married a US citizen in Irma last year and they have an 8 year old US citizen daughter with minor learning disabilities and mild anxiety now mo works as a teaching the systems humans

about 30,000 per year Eddie’s daughter receives Medicaid and his wife has medical insurance Irma receives treatment for severe asthma and just last year she had to be rushed to the emergency room for an asthma attack because she couldn’t breathe so let’s apply the public charge test one who’s being affected by this but talking about Eddie Eddie has doctor doctor doesn’t have to worry about the public charge rule but what is he applying for green card okay green does need is subject to the public charge rule and for that reason we have to continue with our analysis now where what what do I mean by where again what rule is being applied is it in the United States that is a judgement of status or is it outside the United States through consular process if he consular processes he will need a waiver based on these facts he can show extreme hardship to his US citizen wife because she has she has a medical condition there’s there’s financial issues and they have a child also with the medical condition as a single mom it’s gonna be very difficult for her without any now he was still the approve of medical insurance if he’s gonna consular process but since earmuff is insured for work well she should be able to she should be able to add Eddie since Eddie is a doctor holder has work authorization and has a social so it shouldn’t be difficult to include him although any cousin didn’t himself get any benefits the fact that his daughter receives Medicaid is relevant because it is public assistance it doesn’t disqualify him on its own but the government may may consider him as possibly need public assistance in the future so they’re gonna need a joint sponsor because they’re low-income also the government could use her Irma’s asthma to find that she likely will not be able to support any in case she has a condition so again we’ll need a joint sponsor but Eddie likely will be able with a good attorney Eddie would likely become a green card holder it’ll just be harder in a variety of circumstances step 3 what are the positive and negative factors Carina is a lawful permanent resident for the past 12 years her son is a US citizen and he applied for her now she’s 72 years old and recently retired from a job as a cashier now Carina and receives Medicare and Medicaid but no government benefits no financial benefits now Karina’s recently became ill and she wants to travel back to India for a few months Karina’s worried if she leaves she won’t be able to come back to that states to be with her son and grandchildren so let’s apply the public charge test Tory who Karina is a lawful permanent resident she’s not subject to the public charge as long as she reenters the United States within 180 days if she stays more than honored 80 days she’s now applying for admission again and now she’s subject to the public charge rule step 2 where well she’s outside nine states come back games that’s a consular process she needs to worry about the rules of the Department of State and how now the public charge is principally focused on cash assistance or long-term care she has insurance and she hasn’t received any cash assistance so she shouldn’t be found to be a public charge unless circumstances changed she will likely be able to come back in thank you very much for listening to us my name is Andres Megan I’m an immigration attorney and again anybody that wants to apply for their green card must do so as quickly as possible before this new rule goes into effect because it will be a lot harder it remains to be seen how it’s going to be applied what it really means is you need to be able to stick to make a really good and compelling story for the same reason that all our waiver cases or just well I can’t think of it we’ve only had one denial in the past five years in probably close to a hundred petitions why is that because we’re good at telling stories and we’re also your story in particular and we’re good at figuring out what’s your circumstances listen you need here’s what you need to do in order to be able to apply and we work with you to do that this is gonna be the same thing public charge is something they’re going to use to deny you so you need to be overly cautious in how you apply and you need to start making changes like getting insurance increasing your income or getting them joints sponsor to be able you don’t want to find out once you’re outside the United States that you’re being denied because you’re a public charge please subscribe

to our channel and share this video with your friends because this rule is game-changing and I don’t mean that in a positive way