Although requirements promoted by Trump were eliminated, the immigration law has specific guidelines
Photo: uscis.gov
Despite the government of the president Joe Biden removed the new public charge rule , immigrants who apply for Permanent Residence must still demonstrate that they have financial capacity to support themselves without social assistance from the government.
The reason is that the provisions continue in the Immigration and Citizenship Law (INA), although the hardening promoted by the former president was stopped Donald Trump for punish the poorest immigrants .
The officers of Citizenship and Immigration Services ( USCIS ) and to the consulates who evaluate the petitions ones of any type of visa.
“Any foreigner who, in the opinion of the consular officer at the time of the visa application, or in the opinion of the Attorney General at the time of the application for admission or adjustment of status, it is likely that at any time it becomes a public charge, it will be excludable ”, says the INA.
The lawyer Allan Wernick, project manager Citizenship Now! of the University of the City of New York, indicates that this rule is more lax or generous.
“Applicants for permanent residence still have to show that they will not become a public charge, but under the rules of before the Trump administration, simpler and more generous, “he said in an article by Dallas News .
Clarifies that the current rule does not punish people for receiving assistance from social programs, such as food stamps or housing funds, but explains that immigrants are qualified negatively for a visa if the economic evaluation reveals that they could maintain the constant use of social programs.
“Exceptions are if the person is primarily dependent on cash assistance or if you receive long-term institutional care from Medicaid ”, it says .
USCIS officers reviewing petitions apply the Rule of 1999 on public charge.
“If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and in accordance with the Provisional Application Guide of 1999, we will send you another RFE or NOID ”, explains the agency .
The RFE is a Requirement of Evidence and a NOID is a Notice of Attempted Denial.
Immigrants are recommended to have legal advice when applying for any benefit, including Permanent Residence.
