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public charge

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The total circumstances that USCIS will consider when making a public charge determination under the 2022 rule Immigration

The total circumstances that USCIS will consider when making a public charge determination under the 2022 rule

A noncitizen would be considered a public charge if the Department of Homeland Security, “DHS” determines based on a totality of the circumstance based analysis that a noncitizen is likely to become primarily dependent on the government for subsistence.
March 23, 2023
Uneployment benefit form
Question: If I have applied for and received unemployment benefits in the past, will this trigger a “Public Charge” finding when I apply for a green card? Immigration

Question: If I have applied for and received unemployment benefits in the past, will this trigger a “Public Charge” finding when I apply for a green card?

Many types of public benefits may be claimed by a non-immigrant without triggering the “public charge” ground of inadmissibility, including unemployment benefits and other forms of earned benefits.
August 11, 2022
What is Biden’s previous position on immigration? What are some of Biden’s Proposed Changes to Immigration? ImmigrationWhite House & President Immigration News

What is Biden’s previous position on immigration? What are some of Biden’s Proposed Changes to Immigration?

What impact will this election have on immigration? What are some of the changes we expect to occur under a Biden-Harris administration? The past four years have seen dramatic changes in U.S. immigration policy under the Trump administration. The arrival…
November 9, 2020
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What impact will a Biden/Harris administration have on current immigration policy? Deportation & Humanitarian ImmigrationH-1B and E-3 VisaImmigrationWhite House & President Immigration News

What impact will a Biden/Harris administration have on current immigration policy?

On November 7, 2020, Joseph R. Biden Jr. became the President-elect of the United States & Kamala Harris became the United States Vice President-elect. For the past four years President Trump’s administration has made a series of drastic changes to…
November 9, 2020
Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York Family ImmigrationImmigration

Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York

On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. On August 12, 2020, a Second Circuit Court of Appeals order limited the nationwide injunction to Vermont, Connecticut, and New…
August 18, 2020
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New York Federal District Court Issues Temporary Injunction on State Department and DHS Public Charge Rules ImmigrationNews

New York Federal District Court Issues Temporary Injunction on State Department and DHS Public Charge Rules

On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. This injunction applies to both the State Department and the Department of Homeland Security. In the new public charge…
July 30, 2020
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What is I-944 form? What evidence do I have to submit with the I-944 form? When do I have to submit the I-944 form? Family ImmigrationImmigration

What is I-944 form? What evidence do I have to submit with the I-944 form? When do I have to submit the I-944 form?

The I-944 form is used by a green card applicant to demonstrate that he/she is not inadmissible based on the public charge ground of inadmissibility. A green card applicant is inadmissible based on a public charge ground if he/she is…
July 1, 2020
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US Court of Appeals Upholds Preliminary Injunction Against Immigrant Health Care Public Charge Requirements Immigration

US Court of Appeals Upholds Preliminary Injunction Against Immigrant Health Care Public Charge Requirements

The U.S. Court of Appeals for the Ninth Circuit has upheld a preliminary injunctions against the immigrant visa public charge requirement issued by a presidential proclamation. Originally implemented on November 3, 2019, immigrant visa applicants at U.S. Consulates abroad must prove either…
May 5, 2020
What is the impact of the Stimulus bill on my Immigration Status? Can I receive a Stimulus Check if I am on a Visa? Is there a Public Charge Impact to receiving a Stimulus Check? COVID-19

What is the impact of the Stimulus bill on my Immigration Status? Can I receive a Stimulus Check if I am on a Visa? Is there a Public Charge Impact to receiving a Stimulus Check?

As a result of the unprecedented Corona Virus pandemic, Congress has passed bipartisan economic relief legislation.   The components include stimulus payments to individuals, expanded unemployment benefits and coverage, student loan modifications, changes to retirement rules, help to small businesses, and…
March 31, 2020
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I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus? Can my spouse apply for unemployment benefits due to the Coronavirus? COVID-19

I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus? Can my spouse apply for unemployment benefits due to the Coronavirus?

Due to the coronavirus outbreak, many of our clients ask us the following question: Can I apply for unemployment benefits? If I apply for unemployment benefits, will the government determine that I am likely to become a public charge? Let’s…
March 25, 2020
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State Department Requesting Expedited Review with Aims to Implement Public Charge Rule on February 24 to Coincide with Department of State’s Public Charge Rule Family ImmigrationImmigrationImmigration Law Changes &  New Law

State Department Requesting Expedited Review with Aims to Implement Public Charge Rule on February 24 to Coincide with Department of State’s Public Charge Rule

The State Department is working to expedite their new public charge rules in an effort to implements the rule on February 24, the same day as the Department of State’s public charge rule implementation. The original public charge rules were…
February 12, 2020
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State Department Issues Public Charge Regulations that Align with DHS Rules Deportation & Humanitarian ImmigrationFamily ImmigrationImmigration

State Department Issues Public Charge Regulations that Align with DHS Rules

The State Department published new public charge rules that will take effect on October 15. These new rules largely mirror the Department of Statement’s public charge rules. To find out more about DHS’ changes, please click here. According to the…
October 11, 2019
New York Judge Issues Nationwide Preliminary Injunction to Block New Public Charge Rule Deportation & Humanitarian ImmigrationFamily ImmigrationImmigration

New York Judge Issues Nationwide Preliminary Injunction to Block New Public Charge Rule

Today, a New York District judge issued a preliminary injection against the new “public charge” rules, preventing it from coming into effect on October 15. The new rules changed the definition of what immigration officers should consider when determining whether…
October 11, 2019
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New Public Charge Rules Revealed: Higher Scrutiny for Immigrant and Nonimmigrant Applicants Receiving Certain Federal Public Benefits ImmigrationNews

New Public Charge Rules Revealed: Higher Scrutiny for Immigrant and Nonimmigrant Applicants Receiving Certain Federal Public Benefits

The Department of Homeland Security has issued the final rule on public charge. Originally published in October 10, 2018, the new rules seek to change the definition of what immigration officers should consider when determining whether a green card applicant…
August 13, 2019
Immigration and Business Law
Will the definition of public charge change under the current administration? What does this mean for green card applicants? ImmigrationNews

Will the definition of public charge change under the current administration? What does this mean for green card applicants?

On October 10, 2018 a proposed rule was published by the U.S. Department of Homeland Security (“DHS”), which seeks to change the definition of what immigration officers should consider when determining whether a green card applicant is likely to become…
January 18, 2019
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Radical Changes in Public Charge Definitions Could Result in Inadmissibility for Green Card Applicants Family ImmigrationImmigrationImmigration Law Changes &  New Law

Radical Changes in Public Charge Definitions Could Result in Inadmissibility for Green Card Applicants

The Trump Administration is expected to publish a proposed regulation soon that will radically alter the way USCIS officers screen applicants for lawful permanent residence for inadmissibility due to public charge. For purposes of determining inadmissibility, “public charge” refers to…
June 6, 2018
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