Trump’s Public Charge Rule Will Be Implemented Following Supreme Court Decision

Starting February 4th, 2020, U.S. Citizenship and Immigration Services (USCIS) implement the Inadmissibility on Public Charge Grounds final rule. The only state exempt from this rule is Illinois where Trump’s public charge rule is still enjoined by a federal court.

Under the Final Rule, USCIS will start to look at the specific factors required under the law by Congress when determining if an immigrant is likely to become a public charge. These factors include the immigrant’s age, health, income, education, and skills.

The Final Rule explains the criteria DHS will use to determine if an immigrant is inadmissible to the United States because they are likely to become a public charge in the future. The Rule also gives USCIS officials the authority to issue public charge bonds when reviewing applications for adjustment of status. Immigrants who want to seek an extension or stay of change of status are required to prove they haven’t received public benefits over the designated threshold since obtaining the nonimmigrant status they want to extend or change.

The Final Rule will apply to all applications and petitions postmarked on or after February 24th, 2020. Under the Final Rule, DHS officials are prohibited from considering an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before October 15th, 2019, when deciding if an immigrant is likely to become a public charge. In an effort to promote clarity and fairness to the general public, DHS will apply this prohibition for such public benefits received before February 24th, 2020.

Dedicated Immigration Lawyers Here to Serve You

At Kanu & Associates, P.C., we understand the many challenges immigrants face under the current administration. That is why our legal professionals are committed to using our skills and knowledge of the law to help clients resolve their immigration matters. If you have questions about how the Final Rule might impact your immigration status, then give us a call to speak with one of our seasoned lawyers about your situation.

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