Public Charge Test explained

IamAman · 08-16-2019, 10:25 AM

This immigration attorney has some nice information on her channel. Anyway, she goes through the differences for someone applying for a Green Card from outside the US or if someone is inside the US trying to adjust their status; and even those who already have a Green Card and have stayed out of the country longer than 180 days.

Essentially the burden is being shifted more from the sponsor to you and you would have to post a bond ($8000 minimum). So for those of you who are saying "Good! We don't need lazy people here", be aware that this goes pretty far beyond that and you might need some cash up front later if you adjust your status.

Got_Daca · 08-16-2019, 01:04 PM

8g's and we good?

Aight pimp

IamAman · 08-16-2019, 01:53 PM

Quote:

Originally Posted by Got_Daca

8g's and we good?

Aight pimp

At least but that's all dependent on the following according to https://cliniclegal.org/resources/dh...ic-charge-rule and other places I've seen:

Quote:

Age: applicants younger than 18 or older than the minimum early retirement age for Social Security will need to demonstrate why their age will not impact their ability to work.
Health: applicants who have any medical condition will need to show whether it affects their ability to work, attend school, or care for themselves. In making this determination, USCIS will generally defer to civil surgeon or panel physician report.
Family status: DHS will determine the applicant’s household size based on the new household definition at 8 CFR § 221.21(d). Under this definition, the household includes dependents and persons providing the applicant with more than 50 percent of their support.
Assets, resources, and financial status: DHS will consider whether the annual household income of the applicant is at least 125 percent of the Federal Poverty Guideline (FPG) using the new household definition. Assets may be considered to make up an income shortfall. If the applicant is the spouse or child over age 18 of a U.S. citizen, assets must equal three times the income shortfall; for most others, the value of assets must equal five times the difference between required household income and actual household income. Their financial status will also be measured by considering any civil liabilities, past application or certification for, or receipt of public benefits, receipt or application for a fee waiver for an immigration benefit after the effective date of the regulations, credit history and credit score.
Education and skills: DHS will consider whether the applicant has adequate education and skills to either obtain or maintain lawful employment with an income sufficient to avoid becoming a public charge. Factors include employment history, education level (high school diploma or GED, or higher education degree); occupational skills and licenses, English proficiency; and status of the applicant as a primary caregiver to another individual in the household.

You would get the bond back after 5 years of not getting any public assistance, you die, you leave, or you become a citizen. Whichever comes first.

That's in addition to all the other fees and whatever other legal expenses one might have. I'd set aside at least $10K.

MIdreamer · 02:35 PM

Wait, I have to give them $8K despite I meet all the public charge requirements?

I'm waiting for my I601A approval and will need to return to my birth country for the interview. I have a BA in Mechanical Engineering and working on my MS. Have a stable job right now.

IamAman · 08-16-2019, 03:14 PM

Quote:

Originally Posted by MIdreamer

Wait, I have to give them $8K despite I meet all the public charge requirements?

I'm waiting for my I601A approval and will need to return to my birth country for the interview. I have a BA in Mechanical Engineering and working on my MS. Have a stable job right now.

I think that's if they suspect you might not meet it. I'm still not 100% sure but they will really get up in your business. Again, this is going into effect in September if there are no injunctions against it.

I'm only posting this so it's something to be aware of. I can imagine for those sponsoring their parents, who are likely over 50, and don't have many assets, or they're afraid of revealing their assets in fear that it was obtained while they were undocumented, etc. it will get quite expensive. Not everybody can shell out an extra $16,000. But of course, this is the ultimate goal of this administration: limit immigration.

frbc13 · 08-16-2019, 09:48 PM

Make it rain.

TexasDreamy · 08-17-2019, 12:56 AM

Canada looking really sexy right now.

Or new zealand.

Or germany.

Or just going back.

Fuck - why even worry about anything. All is moot.

JJ Glo · 08-18-2019, 10:42 PM

Quote:

Originally Posted by IamAman

I think that's if they suspect you might not meet it. I'm still not 100% sure but they will really get up in your business. Again, this is going into effect in September if there are no injunctions against it.

I read it's going into effect October 15

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Public Charge Test explained