Immigration laws are constantly changing and evolving. And these changes are making it increasingly difficult for individuals to understand the immigration process and what steps they need to take in order to apply for particular Visa’s, Green Cards, and U.S. Citizenship.  These new immigration policies have also made it extremely crucial for individuals to stay up to date on these latest trends and policy adjustments, as they can have a significant impact on immigrants’ access to public assistance programs. One of these new immigration developments has been the implementation of the “public charge” rule. To further understand what this rule is and how it affects those applying for a Green Card, continue to read below or contact our team at Immigration Law Group. We understand how critical it is to interpret these new policies, and we are here to help you. Our Portland-based attorneys are up to date on all the latest immigration changes and have helped hundreds of individuals going through the immigration process. Whether you are looking for information on how to obtain your Adjustment of Status, discuss your different Visa options, or need some answers regarding the latest immigration legal changes, contact our office today for more information.

What is the “Public Charge” Rule, and How Does it Affect those Applying for Green Cards?

Under the new “public charge” rule, green card applicants have to show that they will not become a public charge, which means that they won’t need any federal assistance to live in the United States. This rule includes those that are dependent on the government for their subsistence, those that use cash assistance programs, and those that need long-term care at the government’s expense.  Under this new provision, individuals that are applying for a Green Card in the United States could be denied if they become a public charge. This new rule will include two public charge provisions:
  • U.S. Citizenship and Immigration Services will penalize those individuals that get certain federal benefits.
  • U.S. Citizenship and Immigration Services will use the “totality of circumstances” test to determine who is a public charge. This test will review “heavily weighted negative factors” versus “heavily weighted positive factors.”
    • Heavily Weighted Negative Factors: This would include an application that is unemployed even though they may have employment authorization.
    • Heavily Weighted Positive Factors: This would include those applicants that have a household income at 250% of the federal poverty guidelines.

The “Public Charge” Rule’s Impact On Our Country

The “public charge” rule will come into effect on February 24, 2020, yet it has already created a lot of fear amongst immigrant communities. Many immigrant families in anticipation of this new provision have already begun disenrolling or refusing specific public programs that are necessary for them to thrive and survive. What’s more, the confusion that has resulted from this rule has had a chilling effect on all immigrant families, even those whose immigration status is not affected by this new provision. As this “public charge” rule becomes effective, the potential impacts on immigrants will be severe.  Not only will it prevent many immigrants from seeking Medicaid or other public benefits, which can have disastrous consequences on their family’s well-being, health, and financial security. But by limiting these benefits, it will prevent immigrants from getting and keeping their job, finishing their education, and taking care of their families. As these ramifications continue to grow, they will not only hurt the individual immigrant families and their communities but eventually, this policy will end up hurting our country as a whole.

Why Call Immigration Law Group?

As the precise impact of this policy is still relatively unknown, it comes as no surprise that this new rule brings with it a lot of uncertainty and questions.  With Immigration Law Group, we are here to guide you and help you understand not only how this new policy affects your Green Card status, but we are here to also assist you with any immigration question that you may have. If you would like further information on the “public charge” rule or need to discuss your individual immigration case, contact us today to set up an appointment.