By: Perry and Alznauer, P.C.
The rule was contested in U.S. district courts after it was introduced by the Trump administration in August 2019. A recent U.S. Supreme Court ruling allowed the rule to go into effect while litigation over the rule continues. The rule targets lower income immigrants who have used or might use public benefits, and may result in denial of visa or green card applications, even after entering the U.S. legally.
Many call the rule a “wealth test for immigrants”. The result is ineligibility to legalize status or obtain a green card and considers an immigrant’s use of public assistance such as Food Stamps, Medicaid, Supplemental Assistance Program (SNAP), Children’s Health Insurance Program (CHIP), Affordable Care Act (Obamacare), or other public benefits, along with other factors such as age, health, financial status and employability.
The new rule added nearly 20 more pages to the green card application, making an already complicated application even more so, and creating a lot of misconceptions which are causing confusion and even fear for many people.
In order to demonstrate that an applicant is not likely to become a public charge, the new rule requires additional documents like credit reports, bank records, and additional financial statements, among others. At least a dozen forms were also revised including the affidavit of support (Form I-864), and three (3) new comprehensive forms such as I-944 Declaration of Self-Sufficiency, I-945, Public Charge Bond, and I-356, Request for Cancellation of Public Charge Bond.
These new and complicated forms and requirements are creating significant hurdles for foreign nationals seeking to legalize their status in the U.S to be able to work and provide for their families and be reunited with them. Applicants who try to file the application themselves may end up having their applications returned, rejected or even denied due to lack of information on how to properly fill out forms and present their applications to different government agencies.
It is not recommended to rely on online searches as there is much unreliable information out there that can jeopardize an application. In light of these changes, it is critical to seek advice from a qualified immigration attorney as s/he will be able to provide a thorough review of your immigration history and background and address negative factors that may affect your results.
