Medicaid benefits received by a woman during pregnancy and during the 60-day period beginning on the last day of the pregnancy. According to the new rules, the USCIS will be determining if the applicant has been diagnosed with a medical condition that is highly likely to require extensive medical treatment or institutionalization or that will interfere with the alien’s ability to provide and care for himself or herself to attend school, or to work. Administration officials said it was in the best interest of the United States to ensure that new, legal immigrants were self-sufficient. Alert: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. U.S. Meanwhile, the United States Citizenship and Immigration Services, whose officers adjudicate green cards, cannot apply the new standard in reviewing applications. These assets could either be held within or outside of the United States and include savings accounts, stocks, bonds, certificate of deposits, retirement and educational accounts as well as real estate. endstream endobj 175 0 obj <>/Metadata 26 0 R/OCProperties<>/OCGs[195 0 R]>>/Outlines 37 0 R/PageLayout/SinglePage/Pages 172 0 R/StructTreeRoot 42 0 R/Type/Catalog>> endobj 176 0 obj <>/Font<>/Properties<>/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 177 0 obj <>stream Federally funded Medicaid (with certain exclusions). When the person has previously been found by an immigration judge or the Board of Immigration Appeals to be inadmissible or deportable based on public charge grounds. 2020 Minimum Annual Income Requirements for green card applicants: 125% of Federal Poverty Guidelines. �X�E��0�U�103�3�2�3�1�0Nf��x��!�K����.���0�X$���s��@�``�}��x.��#����4T�@� {�l ���r�q����'嬚����e�l��|��M;\������o�3aRon�/$�uY]�9zsHQ��d�������\����#�ok���x4�+�@��W���c�/�|)�Ur�����(d5�E|���S�c(�:�L%�A?, RQ�i�׹��y�0mD�ź��m$��^0�����~���'��$Tr��5�{�f�M�� ��H���C�S���������[-������f�WA��e�U�eY��YN��eṠ����hX�f�F�8�η�€Jz�h�����F��G�9M�-��i�A�Ȼ�2�.��2 W�篨�q� The USCIS could also consider other evidence of the medical condition. Consular Processing applications with interviews after February 24, 2020, can be asked to complete the new public charge questionnaire form, DS-5540, and will be evaluated under the new Department of State rule. Applicants who are over 18 and currently unemployed, but who are the primary caregiver of a child, elderly person, or ill or disabled individual should submit a statement explaining why that has limited their ability to work. when applying for a green card through consular processing, in addition to the many other forms already required as part of an application for permanent residency. In determining inadmissibility, USCIS defines public charge as an individual who is likely to become primarily dependent for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Form I-944 asks the applicant to list the certifications or literacy courses attended or currently attending, the dates the certificates were obtained, and the name of the person who issued them. (Form I-485). The following groups of people are subject to the new, Applicants seeking nonimmigrant visa abroad, Applicants seeking an immigrant visa abroad, Applicants for adjustment of status in the United States, Applicants for admission at the U.S. border who have been granted an immigrant or nonimmigrant visa, Nonimmigrants applying for an extension or change of status within the United States, The non-citizens most affected by the public charge ground of inadmissibility are those seeking lawful permanent resident (LPR) status based on a family. These include: Sponsorships by a U.S. employer are also affected. The policy, known as the public charge rule, was announced in September 2018 and effectively created a wealth test for immigrants seeking permanent residency by rendering inadmissible applicants deemed likely to use a broad range of safety net programs. Medicaid benefits received by an alien under 21 years of age. their children (unmarried and under 21) physically residing with them, their children not physically residing with them but for whom they provide or are required to provide at least 50 percent of their financial support, their parents, legal guardians, or any other individual providing or required to provide at least 50 percent of their financial support, their parents or legal guardians other children who are physically residing with them, their parents or legal guardians other children who are not physically residing with them but for whom the parent or legal guardian provides or is required to provide at least 50 percent of their financial support, any individuals to whom the parents or legal guardians provide, or are required to provide, at least 50 percent of their financial support, and. UPDATED FEBRUARY 2020. �$6��( s�}�zRql�h���$r��F�2"�%�f|��g���f��n�̿��:ևB�+����dxO�lֶv����-� ��a How does the new public charge rule affect the adjustment of status applicants? What is the applicant’s required income, assets, and resources? The rule now affects people who apply for a green card from inside the United States and certain non-immigrants who are changing their status. Private health insurance does not include state-funded coverage, although it includes subsidized Affordable Care Act (ACA) coverage. In conclusion, the new rules direct immigration officers to consider several factors related to an immigrant’s economic situation, education, and health. Under the new rules, federally funded Medicaid, the Supplemental Nutrition Assistance Program (SNAP), Section 8 housing assistance and federally subsidized housing will be used as evidence that a green card or visa applicant is inadmissible under the public charge ground. hޜ�mO�0���}M��v"�JmG;�A;��$��zmD�TI����l�vE�5������~.e� Under the Trump administration, the definition of public charge has changed. DHS will implement the Inadmissibility on Public Charge Grounds final rule beginning on Feb. 24, 2020, including in Illinois. %PDF-1.6 %���� any individual who lists the applicant as a dependent on his or her federal income tax return. Advocates who had feared that the policy would harm tens of thousands of poor people, particularly those affected by widespread job loss because of the coronavirus pandemic, hailed the court decision.