New Public Charge Rule – 250% Poverty Level & Means Tested Benefits
Homeland Security recently issued a replacement public charge rule that our customers are asking about, so we wanted to briefly re-evaluate this.
A “Public Charge”, as defined by the USCIS, may be a one that is probably going to become:
…primarily hooked in to the govt for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.
In other words, a public charge may be a one that cannot support themselves financially and depends on certain welfare benefits. people that are likely to become a public charge aren't admissible to the U.S. and aren't eligible to receive a permanent resident card. This has been the rule for several years.
There are 2 major factors that concern our customers about this new rule.
Factor 1 – Use of Certain Public Benefits By the Applicant
Now, any non-immigrant alien who is meaning to adjust status and has used any public benefits within the USA, they might be denied a visa. The language of the new rule specifically mentions the alien, and not the US citizen sponsor. during this case, the general public benefits must are received directly by the applicant for the applicant’s own benefit.
The new rule, which matches into effect on October 15, 2019, mentions the subsequent benefits considered:
Any federal, state, local, or tribal cash assistance for income maintenance
Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
Federal, state or local cash benefit programs for income maintenance (often called “General Assistance” within the state context, but which can exist under other names)
Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”)
Section 8 Housing Assistance under the Housing Choice Voucher Program
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
Public Housing under section 9 the Housing Act of 1937, 42 U.S.C. 1437 et seq.
Federally funded Medicaid (with certain exclusions)
In general, it’s fairly uncommon for a non-immigrant to receive any of those benefits.
Factor 2 – 250% of poverty level (Safe Zone… But Not Necessarily a “Requirement”)
The sponsor is required to satisfy a minimum of 125% of the poverty threshold. This has been the rule and isn't changing, per se. what's changing is that they're setting the bar higher by explicitly stating that if your income is below 250% of the poverty threshold, your case will receive more scrutiny, and should be, counting on other factors of your case, cause for a denial.
So while the minimum income remains only 125%, all cases between 125 and 250% will receive more scrutiny and maybe increasing denials. Sponsors making but 250% of the poverty guidelines are advised to supply the maximum amount information about their finances as possible. So a family of 4 would wish to form a minimum of $64,374 to be within the “safe zone” of income. this is often unprecedented and that we understand everyone’s concern. We don’t skills much scrutiny applicants can expect to receive therein gray area between 125 and 250%, which is that the most concerning aspect of this, and that we won’t know until we start seeing RFEs and denials are available after it goes into effect.
To find out the income requirement for your case, go here.
The best thing you'll possibly do is file asap. Give us a call directly to urge started.
Disclaimer: The contents of this post were accurate to the simplest of our knowledge at the time of publishing. Immigration is consistently changing, and old information often becomes outdated, including procedures, timelines, prices, and more. note of the publish date. For archival purposes, these posts will remain published, albeit new information renders them obsolete. don't make important life decisions supported this content. No a part of this post should be considered legal advice, as RapidVisa isn't a firm . This content is provided freed from charge for informational purposes only. If anything herein conflicts with a politician government website, the official government website shall prevail.
A “Public Charge”, as defined by the USCIS, may be a one that is probably going to become:
…primarily hooked in to the govt for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.
In other words, a public charge may be a one that cannot support themselves financially and depends on certain welfare benefits. people that are likely to become a public charge aren't admissible to the U.S. and aren't eligible to receive a permanent resident card. This has been the rule for several years.
There are 2 major factors that concern our customers about this new rule.
Factor 1 – Use of Certain Public Benefits By the Applicant
Now, any non-immigrant alien who is meaning to adjust status and has used any public benefits within the USA, they might be denied a visa. The language of the new rule specifically mentions the alien, and not the US citizen sponsor. during this case, the general public benefits must are received directly by the applicant for the applicant’s own benefit.
The new rule, which matches into effect on October 15, 2019, mentions the subsequent benefits considered:
Any federal, state, local, or tribal cash assistance for income maintenance
Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
Federal, state or local cash benefit programs for income maintenance (often called “General Assistance” within the state context, but which can exist under other names)
Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”)
Section 8 Housing Assistance under the Housing Choice Voucher Program
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
Public Housing under section 9 the Housing Act of 1937, 42 U.S.C. 1437 et seq.
Federally funded Medicaid (with certain exclusions)
In general, it’s fairly uncommon for a non-immigrant to receive any of those benefits.
Factor 2 – 250% of poverty level (Safe Zone… But Not Necessarily a “Requirement”)
The sponsor is required to satisfy a minimum of 125% of the poverty threshold. This has been the rule and isn't changing, per se. what's changing is that they're setting the bar higher by explicitly stating that if your income is below 250% of the poverty threshold, your case will receive more scrutiny, and should be, counting on other factors of your case, cause for a denial.
So while the minimum income remains only 125%, all cases between 125 and 250% will receive more scrutiny and maybe increasing denials. Sponsors making but 250% of the poverty guidelines are advised to supply the maximum amount information about their finances as possible. So a family of 4 would wish to form a minimum of $64,374 to be within the “safe zone” of income. this is often unprecedented and that we understand everyone’s concern. We don’t skills much scrutiny applicants can expect to receive therein gray area between 125 and 250%, which is that the most concerning aspect of this, and that we won’t know until we start seeing RFEs and denials are available after it goes into effect.
To find out the income requirement for your case, go here.
The best thing you'll possibly do is file asap. Give us a call directly to urge started.
Disclaimer: The contents of this post were accurate to the simplest of our knowledge at the time of publishing. Immigration is consistently changing, and old information often becomes outdated, including procedures, timelines, prices, and more. note of the publish date. For archival purposes, these posts will remain published, albeit new information renders them obsolete. don't make important life decisions supported this content. No a part of this post should be considered legal advice, as RapidVisa isn't a firm . This content is provided freed from charge for informational purposes only. If anything herein conflicts with a politician government website, the official government website shall prevail.
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