December 27th, 2022 at 01:38 pm

US New Rules To Grant Green Card & Other Benefits

This Friday, December 23, the modification of the public charge rule announced by the Department of Homeland Security will take effect. It will eliminate some grounds for inadmissibility to obtain legal permanent residence (green card) and other available immigration benefits.

As of this Friday, regulations will be put in place to determine whether non-citizens are inadmissible to the United States under new parameters.

OFFICIAL STATEMENT: US GREEN CARD

“We will not penalize people for accessing health benefits and other complementary government services available to them, “DHS Secretary Alejandro Mayorkas said at the time.

“From December 23, the public charge rule will not be applied, which means that people who are applying for adjustment of status or changes of status will no longer be considered as a ground of inadmissibility if these people have applied for public benefits in the past,” explained immigration expert Lawyer Lyda Tyburec, interviewed by Univision New York.

Under the new rule, as was done under the 1999 Interim Field Guidance that was in effect for most of the last two decades, “a noncitizen would be considered likely to become a public charge if DHS determines who is likely to depend primarily on the government for his livelihood.

NON-CITIZENS CONSIDERED TO BECOME PUBLIC CHARGE

This determination will be based on the following criteria:

1) Age: Health; family state; assets, resources and financial status; and education and skills, as required by the INA.

2) Filing of Form I-864 (Affidavit of Support Under Section 213A of the INA) filed on behalf of a non-citizen when one is required; Y

EXCLUSIONS

DHS has said that it will not consider benefits received by family members other than the applicant in public charge determinations.”

DHS will not consider receipt of non-cash benefits (eg, Supplemental Nutrition Assistance Program, public housing or school lunch programs, etc.), except for long-term institutionalization at government expense.

The changes, the lawyer Tyburec specified, will be applied retroactively to all people who applied since March 2021.

“The cut will be applied retroactively to March 9, 2021, this means, in practice, that if someone had filed an application for adjustment of status or change of status after this cut, they will no longer worry about responding to the forms this part about whether he has requested benefits”, he explained.

If the government determines that the person may be a public charge, they may be denied permanent residency or a change of status.

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