Under the Immigration and Nationality Act, an individual may be denied admission into the U.S. or adjustment to lawful permanent resident status (green card) if (s)he is “likely at any time to become a public charge.”
The term “public charge” has been interpreted as a person who is or is likely to become “primarily dependent” on “public cash assistance for income maintenance” or “institutionaliz[ed] for long-term care at government expense.” On August 12, 2019, the U.S. Department of Homeland Security (DHS) announced a final rule that amends DHS regulations how DHS will determine individual’s likelihood of becoming a public charge. The final rule incorporates consideration of more kinds of public benefits received, including cash benefits for income maintenance, Supplemental Security Income, Temporary Assistance to Needy Families, Supplemental Nutritional Assistance Program, most forms of Medicaid, and certain housing programs.
This regulation does not apply to humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles, certain trafficking victims, victims of qualifying criminal activity, or victims of domestic violence . This final rule goes into effect on October 15, 2019.
This change is likely to expand the number of immigrants that ineligible for green cards and admission to the United States .
For more information and to determine how this change may affect your case, call Immigration attorney at 480-425-2009 or contact us via email.
We would you like to congratulate to our client who just received approval of her marriage green card application. She is from Philippines and was introduced to her American husband through mutual friends. He traveled to Philippines twice before he proposed. He came to our office seeking a representation in the fiancee and marriage green process. We prepared the petition for fiance documenting thoroughly our clients’ relationship. It took less than 5 months to have the petition approved. After our client entered the US with her fiancee visa, our clients got married and we prepared the marriage green card application. At that time, we already had a note for a doctor that our client is pregnant. We created a plan for our clients what evidence we wanted them to gather while waiting for the marriage green card interview. It took 14 months before we received the notice of the marriage green card interview. We prepared all the documents that the USCIS wanted to see and the marriage green card was approved in 25 minutes. Our clients were happy that the entire process went smoothly. Congratulations to receiving your marriage green card!
My clients met 3 years ago and got married 23 months later. The husband is a citizen of France and the wife is a U.S. citizen. They came to my office a few months after they got married seeking representation in connection with wife petitioning for her husband’s marriage green card. I explained the process and the importance of documenting bona fides of their marriage and created a plan for evidencing all aspects of bona fides of their marriage.
At the time of filing the petition, the processing time was less than a year. However, recently, the processing time has increased and it took 1.5 years for the interview to be scheduled for them. My clients followed my advice and documented bona fides of their marriage diligently exactly according to my instructions. I prepared my client for the interview and they knew exactly what to expect at the interview.
Once the officer of the U.S. Citizenship and Immigration Services (“USCIS”) saw that we presented evidence of all aspects of their marriage and once he saw all evidence the USCIS expects to see in a marriage green card case, he approved the husband’s marriage green card in less than 10 minutes. The officer did not even ask how they met!
This marriage green card case really shows the importance of preparation, the importance of working with an experienced immigration attorney who knows exactly what the USCIS expects and wants to see in order to avoid any delays and have the marriage green card case processed smoothly. Congratulations!
If you like your marriage green card case to go smoothly and be processed without delays, call the marriage green card immigration attorney Irena Juras at 480-425-2009 for a consultation or contact us through our website. We look forward to helping you get your marriage green card!