Public Charge Rule

The new public charge rule went into effect on December 23, 2022. Consequently, the Department of Homeland Security (DHS) began using the new public charge inadmissibility test published in a final rule in September. The new rule will apply to applications postmarked or electronically submitted on or after December 23, 2022. This rule restores the historical meaning of the term ‘public charge.’ The historical definition had been in effect for decades before the Trump Administration’s restrictive revision of that term in 2019.

The new public charge rule is essentially the same as the 1999 Interim Field Guidance on the public charge ground of inadmissibility. Furthermore, the new rule returns the analysis of public charge inadmissibility to what was in place before 2019. As a result, in the new rule a noncitizen is deemed likely to become a public charge if DHS determines that they are likely to become dependent on the government for subsistence based on a “totality of circumstances” analysis of the following factors:

  • The noncitizen’s age; health; family status; assets, resources and financial status; and education and skills, as required by the INA;
  • The filing of Form-I-864, Affidavit of Support under Section 213 A of the INA, submitted on a noncitizen’s behalf when one is required; and
  • The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called General Assistance); or long-term institutionalization at government expense.

What Benefits Are Not Considered in the Public Charge Analysis

In general, if a program typically does not provide the primary source of income, or it is made available without income-based eligibility rules, USCIS will not consider those programs in making a public charge determination.

  • Benefits received by family members other than the applicant
  • Receipt of certain non-cash beneftis such as Supplemental Nutrition Assistance Program (SNAP) or other nutrition assistance programs; Children’s Health Insurance Program (CHIP);Medicaid (other than for long-term institutionalization); housing benefits; any immunization benefits; disease-testing benefits; or other supplemental or special-purpose benefits
  • Specific purpose payments, such as payments for childcare, energy assistance, disaster relief, pandemic assistance, or for other specific purposes

Who Is a Public Charge?

Under the Immigration & Nationality Act (INA) Sections 212(a)(4) and 237(a)(5), a public charge is a noncitizen “who has become or is likely to become primarily dependent on the federal government for subsistence as demonstrated by either:
  • the receipt of public cash assistance for income maintenance; or
  • institutionalization for long-term care at government expense.

Am I Exempt from the Public Charge Analysis?

The new rule provides a list of those who are exempt from the public charge ground of inadmissibility; such as refugees, asylees and other statutorily or regulationly exempt humanitarian categories, as well as the limited options for requesting a waiver of a public charge determination.

What does it mean for you?

Applicants are not required to submit Form I-944 or DS-5540 when applying for permanent residency or a visa. However, a public charge portion and several additional questions were added to Form I-485 (Application for Adjustment of Status). Any green card applicants applying for a green card from within the United States on or after December 23, 2022 must use the new version of the form.

Public Charge Ground of Inadmissibility Questions?

Need to determine if you may be subject to the public charge ground of inadmissibility rule? Please contact immigration attorney Jessie M. Thomas. Call (214) 838-0045, Text (214) 838-0045 or Email contactus@staylegally.com today.

Rescheduling Biometrics Appointments

Rescheduling Biometrics Appointments

Rescheduling biometrics appointments may sometimes be necessary. Depending on the type of application you file with USCIS, you may be required to appear at a USCIS office for a biometrics appointment. For example, biometrics may be required if you file an I-485 (adjustment of status or green card application), I-765 (application for employment authorization document), I-131 (application for travel document), or an I-539 (application for extension or change of status).

During a biometrics appointment, USCIS will collect your fingeprints, a photo, and a sample of your signature.

How to Know if a Biometrics Appointment is Required

If you are required to appear for biometrics, USCIS will mail an appointment notices to your address and your attorney’s address. The notice will tell you when and where USCIS expects you to appear. You should make every effort to go to your appointment as scheduled. Rescheduling the appointment will take time and likely delay processing of your application.

How to Reschedule Your Biometrics Appointment

If you cannot make it to your scheduled biometrics appointment, you may contact USCIS to reschedule according to the appointment notice’s instructions or the the following procedure:

  1. Call the USCIS Contact Center at 1-800-375-5283 before the date and time of your original appointment.
  2. Explain why you have “good cause” for recheduling.
  3. Wait for a USCIS scheduler to call you back with a new date and time. Please note: USCIS often takes multiple days or weeks to respond to a rescheduling requiest.

It is vitally important to call as early as possible to request rescheduling. If you do not call USCIS before your scheduled appointment, or if USCIS thinks you do not have good cause to reschedule, they may not agree to reschedule the appointment. If USCIS refuses to reschedule or you do not hear back from them in time and you do not attend the original appointment, your underlying application may be considered abandoned and be denied.

Questions About Rescheduling Biometrics Appointments?

To find out more about rescheduling or determining if you are eligible to reschedule an appointment, please contact immigration attorney Jessie M. Thomas at (214) 838-0045. Jessie provides immigration legal services for family-based green cards, adjustment of status and U.S. Citizenship.

No More Combo Card?

No More Combo Cards?

Eligible individuals have the option to apply for a green card from within the United States, through a process called adjustment of status. The application to adjust status is called a Form I-485, and it must be accompanied by an additional form that establishes the basis on which the applicant qualifies for the green card. This is typically either a Form I-130 (if applying for a green card through family), I-140 (if applying for a green card through employment), or I-526 (if applying for a green card based on investment).

Filing the Form I-485 application to adjust status, however, does not give the applicant the ability to travel or work in the United States. For that, the applicant must file the Form I-765 application for work authorization, and the Form I-131 application for advance parole for travel authorization. If the green card applicant leaves the U.S. before receiving travel authorization, their adjustment of status application will be abandoned.

Are You A Green Card Applicant with a Pending I-485 Adjustment of Status Application?

If so, you may be expecting to receive an employment authorization document (EAD) and advance parole (AP) combo card. However, USCIS recently began issuing the two documents separately.

What Is a Combo Card?

In 2011, USCIS announced that they would begin issuing employment and travel authorization on a single “combo” card for those green card applicants already livig lawfully in the United States and filing an adjustment of status (AOS) application. By combining the documents, USCIS enabled applicants to carry a single document that was more durable and secure than the previous AP document.

What Did a Combo Card Look Like and What Should I Expect in the Mail Now?

Combo Card
Combo cards look very similar to EAD cards, but they include text at the bottom of the card that says, “Serves as I-512 Advance Parole.”

Combo Card

Regular EAD Card
EAD-only cards include text that states that they are “not valid for reentry to U.S.” To travel you must have a separate AP document.

EAD Card

Why Did USCIS Stop Issuing Combo Cards and How Does This Affect You?

As of April 2022, USCIS has stopped issuing combo cards in an effort to reduce the growing EAD backlogs that have created employment interruptions for applicants. Because the two documents will now be sent separately, you may receive your EAD card before your AP document.

It is important to understand that the EAD card alone will not permit you to travel and re-enter the United States. You must carry your separate AP document issued by USCIS to travel.

The Advance Parole is a separate document that looks like this

Advance Parole Document (Sample)

To avoid any issues, applicants should file their I-765/I-131 applications well in advance of their anticipated employment and planned travel abroad.

Applicants should continue to monitor their pending EAD applications closely and be realistic about making travel and/or employment plans while they wait for their documents to be issued.

Questions About Your Adjustment of Status?

If you would like to schedule a free immigration consultation, please text (214) 838-0045 or call (214) 838-0045 .

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