On 2/10/2020 we had reported that the
U.S. Citizenship and Immigration Services (USCIS) announced that it will implement the Inadmissibility on Public Charge Grounds final rule ("Final Rule") on February 24, 2020, except for in the State of Illinois where the rule remains enjoined by a federal court.
The Illinois injunction has since been lifted, which means that the Public Charge Rule is now in effect throughout the U.S.
Under the Final Rule, USCIS will look at the factors required under the law by Congress, like an alien's age, health, income, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge (Medicaid, food stamps, WIC, CHIP, TANF, etc.)
The Final Rule, issued in August 2019 and originally scheduled to be effective in October 2019, prescribes how the Department of Homeland Security (DHS) would determine whether an alien is inadmissible to the United States based on the alien's likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act.
The Final Rule impacts applications for adjustment of status (the green card) for both employment- and family-based petitions. It also includes a requirement that aliens seeking an extension of stay or change of status demonstrate that they have not received public benefits since obtaining the nonimmigrant status they seek to extend or change. This applies to many employment-based nonimmigrant categories, including: H, L, E, O, and TN.
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