federal

Public Charge Final Rule

UPDATE: As of February 24, 2020, the public charge rule has been implemented nationwide after the Supreme Court stayed the limited state-wide injunction in Illinois against the Department of Homeland Security.  At the same time, the Department of State also began implementing its amended public charge rule, and visa applicants from abroad should prepare Form DS-5540 ahead of their visa interview in case the consular officer requests it.  For more information read the announcement on the Department of State's website.    On January 30, 2020 the USCIS announced that it will resume enforcing the Inadmissibility on Public Charge Grounds Final Rule (“Final Rule”) and begin implementing it on February 24, 2020. Foreign nationals who are applying for visas and green cards from within the United States — through a process known as “Adjustment of Status” — will be subject to the Final Rule starting on February 24, 2020.  For visa applicants who are outside of the country, the Final Rule has not yet been implemented. The Department of State announced in October 2019 to delay enforcement until they first finalized their own information collection form and changes that they would need to make to their policy manual. The Final Rule had originally become effective on October 15, 2019 but was enjoined due to litigation after lawsuits were filed to prevent the Trump Administration’s attempt to enforce the Public Charge rule, which was seen as an effort to expand the government’s ability to deny access to green cards or visas for legal immigrants who would become dependent on public assistance. On January 27, 2020, the U.S. Supreme Court lifted the injunction and allowed the Final Rule to go forward, with exception to the State of Illinois, where the Final Rule remains enjoined. This article offers information concerning the Final Public Charge Rule, what factors will be taken into consideration, and which individuals are likely to be affected by the change. Background on the Public Charge Rule Who is subject to the public charge inadmissibility ground? Unless specifically exempted by Congress, all foreign individuals seeking immigrant or nonimmigrant visas abroad are subject to the public charge inadmissibility ground, as are individuals seeking admission to the United States on immigrant or nonimmigrant visas, and individuals seeking to adjust their status. In certain cases, even lawful permanent residents returning from a trip abroad will be subject to inadmissibility determinations, depending on the circumstances. Immigrants who have been exempted by Congress from the public charge ground of inadmissibility include refugees, asylees, and Afghans and Iraqis with special immigrant visas. For a general overview and developments in this area read our previous articles here.

Continue Reading →

Applying for a Fee Waiver

Overview The U.S. Citizenship and Immigration Services (USCIS) receives a substantial portion of its funding through application fees but these fees can be a substantial barrier to certain foreign nationals and permanent residents, or green card holders. The USCIS recognizes the potential hardship and offers a fee waiver for certain application fees if an individual is able to demonstrate that he or she is unable to pay the filing fee. All applications and forms are free and made available on the USCIS’s website. Included in the forms section of the USCIS’s website is the current filing fees. Application filing fees are updated periodically and any changes will be made available on the agency’s website. The fees were last updated on December 23, 2016. A fee waiver – Form I-912 - is currently available for 31 applications, including Form N-600, Application for Certification of Citizenship; Form N-400, Application for Naturalization; and Form I-765, Application for Employment Authorization. Form I-912 and which forms qualify for a fee waiver are made available in the instructions PDF on the USCIS’s website. Fee Waiver Requirements  A fee waiver is available for an eligible form if the applicant can demonstrate any or all of the following: (1) the applicant, his/her spouse, or the head of the house household is currently receiving a means-tested benefit; (2) the applicant’s household income is at or below 150% of the Federal Poverty Guidelines at the time of filing; and (3) the applicant is currently experiencing financial hardship that prevents him or her from paying the filing fee.

Continue Reading →