What is the Public Charge Rule and how will it Affect Me
The public charge rule is a measure that the Trump Administration plans to move forward with starting October 15, 2019. The policy is designed to redefine what makes a permanent resident dependent on government benefits.
Although the public charge rule was set to go into effect on October 15, 2019, there is a nationwide injunction that went into effect on October 11, 2019, just days before the new rule was to be implemented. The preliminary injunction prohibited the administration from enforcing the public charge rule which was the administrations unlawful tactic to impose a wealth test on the immigration system to deter many immigrant families from obtaining immigrant visas or green cards. Of course, although there is an injunction in place, this does not mean the decision to halt this rule is final.
There is ongoing litigation at the federal level and we will have to continue to wait to see the final results on the new changed public charge rule that this administration seeks to put into place. Now more than ever, it is best to seek proper counsel regarding your green card or immigrant visa case.
The Rahgozar Law Firm is here to represent you every step of the way including in putting together the Affidavit of Support and relevant documentation to ensure a successful sponsorship in helping your family member secure a green card to come into or stay in the United States.
Ms. Pegah Rahgozar is a Houston immigration lawyer who can assist you with issues relating to the Affidavit of Support when it comes to obtaining a green card, to stay and work in the United States. Ms. Pegah Rahgozar and her team will find the best solution that works for you and your family member. Pegah Rahgozar represents individuals and families in Houston, and surrounding areas, as well as across the great state of Texas.
If your family member is outside of Texas or the United States, Pegah Rahgozar can represent you too! We have taken cases and represented individuals and families from all over the United States and across the world. For many years, Pegah Rahgozar, a permanent residence Houston green card lawyer, has been helping families in Houston go through the process of obtaining family-based green cards for their family members. A thorough knowledge of immigration law allows her to find solutions for the most sensitive immigration matters and in addressing issues that come up in the context of Affidavit of Support as well as any public charge issues. Call us now (832) 792-3636 to see how we may assist you through this convoluted and complicated process to obtain your green card.
Public Charge Definition
The public charge concept is now a new one. It was first established by Congress in 1882 in order to allow the US government denial of a visa to anyone who is “likely at any time to become a public charge,” but it never defined what “public charge” was.
In 1999, immigration officials have established that “public charge” means someone “primarily dependent on the government for subsistence,” as demonstrated by either (a) using public assistance for income; or (b) institutionalization for long-term at government expense. This include:
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF), also known as “welfare”
- State and local assistance, also known as “General Assistance”
- Medicaid or other programs supporting long-term institutionalized case, like a nursing home or mental health institution
Under this public charge policy, many immigrants have been able to avoid it when applying for a green card. That is because Congress bars most immigrants from using welfare and they require most green card holder to have a financial sponsor, like a family member. In other words they have to demonstrate sufficient income to prevent future dependency on government benefits.
Public Charge Rule Change
Changes Under the New Department of Homeland Security (DHS) Proposal
DHS plans to expand the public charge rule. DHS will create the following new criteria for denying green card application from within the US:
- Prior Use of Certain Government Benefits
This would apply to any of the types of government assistance described above along with other such as Section 8 Housing and Rental Assistance. A public charge rule would come into effect if someone has received one or more of the above public benefits, for more than 12 months in aggregate within any 36-month period. Receipt of two benefits in one month counts as two month.
- Likelihood of Future Use of Government Benefits
DHS will take into account the following factors to determine if someone is likely to use government benefits in the future: age, health, family size, skills, and financial status.
- Insufficient Financial Resources
At a minimum, applicants will have to demonstrate household income of at least 125% of the Federal Poverty Guidelines, but in addition DHS would set an entirely new and higher household income threshold of 250%. What this means is that an applicant would need to show annual income of $41,150 (for a couple with no children) on up to $73,500 (for a family of five) or higher
It is important to understand that the majority of people applying for green cards are most likely not eligible for benefits that DHS seeks to penalize. It is best to consult with an experienced immigration attorney to go over your green application and options.
Ms. Pegah Rahgozar is a Houston immigration lawyer who can assist you with issues relating to ensuring you obtain a green card and are allowed to stay in the United States. Ms. Pegah Rahgozar and her team will find the best solution that works for you.
From initial determination of your best options through obtaining your green card, Pegah Rahgozar will assist you and be the advocate you need by your side.
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— Pegah Rahgozar, Houston Immigration Attorney (@Rahgozarlaw) November 5, 2019
Who Is Affected by This Policy Change
Permanent resident applicants and visa applicants may be affected by this change. However, the public charge rule will not apply to visa applicants whom Congress has exempted such as refugees, asylees, individuals who have experienced domestic violence, and other special categories. Permanent residents seeking US citizenship might be affected in the future. DHS could expand the ability.
From initial determination of your best options through obtaining your green card and if this public charge rule affects you, Pegah Rahgozar will assist you and be the advocate you need by your side.
USCIS Public Charge
This public charge rule does not go into effect till October 15, 2019. However, before the rule can go into effect DHS must follow first propose the rule (which it did), allow 60 days for public comment, conduct internal deliberations, and publish the final rule.
This rule will not penalize applicants for their use of such benefits prior to the Effective Date of the rule. The rule might also be blocked by court. Call Pegah Rahgozar Houston immigration attorney at (832) 792-3636 and we will guide you through all the details of the immigration process, help you collect the necessary documents, prepare an application for permanent residence, hold your hand through the complex and stressful process, and ensure a positive solution to your case.