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Articles Posted in Public Charge

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The Chicago immigration attorneys of Zneimer & Zneimer follow closely the legal developments and litigation in the application of the Public Charge Rule.  The Department of Homeland Security’s regulations interpreting the Public Charge Inadmissibility include definitions and explanations about what factors DHS will consider in determining that a person is likely to become a public charge.  The DHS has enumerated the following factors:

  • Applicant’s Age
  • Applicant’s Health
  • Family Status
  • Applicant’s Assets, Resources, and Financial Status
  • Applicant’s Education and Skills
  • Applicant’s Immigration Status and Expected Period of Admission
  • Sponsor’s Ability to Support
  • Previous Public Charge Inadmissibility

The DHS will weigh each factor individually and cumulatively.  The DHS will assess the weighed degree to which each factor is negative or positive.  The factors will be weighed as positive, heavily weighed positive, neither positive or negative, negative, or heavily weighed negative.  The DHS (USCIS) and the DOS (Consulates) will apply the totality of circumstances framework to determine whether an alien is more or less likely to become a public charge in the future. Continue reading →

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The immigration attorneys of Zneimer & Zneimer PC have compiled a comprehensive checklist with resources for gathering the documents required to meet the public charge inadmissibility provision.   People who apply for an immigrant or nonimmigrant visa, unless statutorily exempt from the public charge inadmissiblity must complete form DS-5540.  People who apply for adjustment of status, unless statutorily exempt from the public charge inadmissibility must submit Form I-944.

Where applicable, you must also submit an Affidavit of Support.   You can download and use our checklist to gather your documents.

Checklist – Public Charge (Z&Z)

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A new legal wall for immigrants and nonimmigrants will go up on February 24, 2020.  The Department of Homeland Security will begin implementing the new Public Charge Rule.

The U.S. Citizenship and Immigration Services announced that it will begin implementing the Public Charge Rule on and after February 24, 2020.  The rule will not be applied for applicants with physical address in Illinois as a result of an injunction by the U.S. District Court for the Northern District of Illinois. The DHS has requested a stay of the injunction from the Seventh Circuit in light of the U.S. Supreme Court decision to stay the nationwide injunction.   If the Seventh Circuit lifts the injunction, the USCIS will provide additional guidance.  The USCIS has a special address and webpage for applicants from Illinois who live in Illinois.

According to public announcement, the USCIS will apply the rule to petitions and application postmarked on or after February 24, 2020.  For petitions or applications sent by commercial carrier, the postmark date will be reflected on the courier receipt.  For applications that are postmarked prior to February 24, 2020, the Department of Homeland Security will not consider the alien’s application, certification or approval to receive, or receipt of certain non-cash public benefits before Feb. 24, 2020. Similarly, when determining whether the public benefits condition applies to applications or petitions for extension of stay or change of status, USCIS will only consider public benefits received on or after Feb. 24, 2020.