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Biden Administration Changes to the Public Charge Rule

websites@hibu.com (Hibu Websites) — Fri, 02 Apr 2021 16:32:23 GMT

The Biden Administration changes the Public Charge Rule

On March 9th, 2021, the Biden Administration sought to finalize the rule concerning public charge inadmissibility. Public charge inadmissibility refers to an individual seeking admission to the United States or seeking adjustment of status to a legal permanent resident (obtaining a green card), they are inadmissible, if at the time of the application or adjustment of status, it is likely, at any time, they will become a public charge. An immigration is considered to be a public charge if they would likely become “primarily dependent on the government for subsistence.”

The public charge rule itself has been part of the immigration lexicon for many years, but the Trump Administration expanded its definition in 2019. Prior to 2019, public charge was often referred to as the likelihood that an immigrant who was applying to enter the US on a visa, or applying to become a Legal Permanent Resident (LPR), would become “primarily dependent on the government for subsistence, as demonstrated by either (i) the receipt of public cash assistance for income maintenance or (ii) institutionalization for long-term care at government expense.” The government agency would apply a forward looking standard based on a totality of the circumstances test, which would take into account age, health, family status, assets, resources, and financial status, as well as education and skills.

The Trump Administration expanded on this test and included the list of government benefits that counted against the immigrant. For the first time, Immigration officials were advised to consider public benefits such as cash assistance for income maintenance, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), State and local cash assistance programs, housing subsidies such as Section 8, and/or institutionalized for long-term care at government expenses in a nursing home or mental health institution and covered by Medicaid. The Trump Administration also advised agencies to consider an application for fee waiver for immigration benefits which primarily effected naturalization applicants. If an immigrant accessed such services, they would likely have been deemed a public charge and thus, unable to receive certain forms of immigration relief.

The expansion also resulted in harsh standards for personal circumstances of an immigrant, if they were children, seniors, or individuals who have limited English proficiency, limited education, medical conditions, or large families. This standard would consider the likelihood of an immigrant to become a dependent of the government by the use of cash assistance or long-term care, to one that defines public charge as a person who is likely to need, in aggregate, more than 12 months of certain defined public benefits in any 36-month period in the future. Theoretically, a person who used benefits in the past could still overcome the public charge ground of inadmissibility under a totality of the circumstances analysis. But the legal standard under this rule makes it much more difficult.

However, this previous rule has been overturned and is no longer being pursued by the Biden Administration. Specifically, an Illinois District Court has enjoined the implementation and enforcement of the 2019 Department of Homeland Security public charge rule that went into effect nationwide. The government dropped its appeal of that order and withdrew other appeals pending in the Ninth and Second Circuit and in the Supreme Court. On March 15th, 2020, the government formally removed the 2019 public charge rule from the Code of Federal Regulations and is now applying the previous, 1999 Interim Field Guidance concerning public charge inadmissibility.

Based on such changes, USCIS has provided guidance concerning pending and future applications. USCIS has stated on its official website that it will stop applying the Public Charge Rule to all pending applications and petitions that would have been subject to the previous rule. Currently, USCIS has advised that it will apply the 1999 Interim Field Guidance, which was in place previously. Any application placed on or after March 9th, 2021 should not provide information required solely by the Public Charge Final Rule. Specifically, applicants applying for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539 (Part 3).

If an individual has provided such information, USCIS will not consider any information provided that relates solely to the Public Charge Final Rule, including for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539(A)(Part 3).

If you have received a Request for Evidence or Notice of Intent to Deny based solely on issues surrounding the Public Charge Rule or wish to know further about how the changes around immigration law effect your case, call our office and schedule an appointment.

We have capable attorneys that are fully equipped to serve your legal needs!

Make the most of the season by following these simple guidelines

websites@hibu.com (Hibu Websites) — Wed, 24 Mar 2021 19:20:46 GMT

The new season is a great reason to make and keep resolutions. Whether it’s eating right or cleaning out the garage, here are some tips for making and keeping resolutions.

Make a list

Lists are great ways to stay on track. Write down some big things you want to accomplish and some smaller things, too.

Check the list regularly

Don’t forget to check in and see how you’re doing. Just because you don’t achieve the big goals right away doesn’t mean you’re not making progress.

Reward yourself

When you succeed in achieving a goal, be it a big one or a small one, make sure to pat yourself on the back.

Think positively

Positive thinking is a major factor in success. So instead of mulling over things that didn’t go quite right, remind yourself of things that did.

Keep in touch with site visitors and boost loyalty

websites@hibu.com (Hibu Websites) — Wed, 24 Mar 2021 19:20:45 GMT

There are so many good reasons to communicate with site visitors. Tell them about sales and new products or update them with tips and information.

Here are some reasons to make blogging part of your regular routine.

Blogging is an easy way to engage with site visitors

Writing a blog post is easy once you get the hang of it. Posts don’t need to be long or complicated. Just write about what you know, and do your best to write well.

Show customers your personality

When you write a blog post, you can really let your personality shine through. This can be a great tool for showing your distinct personality.

Blogging is a terrific form of communication

Blogs are a great communication tool. They tend to be longer than social media posts, which gives you plenty of space for sharing insights, handy tips and more.

It’s a great way to support and boost SEO

Search engines like sites that regularly post fresh content, and a blog is a great way of doing this. With relevant metadata for every post so search engines can find your content.

Drive traffic to your site

Every time you add a new post, people who have subscribed to it will have a reason to come back to your site. If the post is a good read, they’ll share it with others, bringing even more traffic!

Blogging is free

Maintaining a blog on your site is absolutely free. You can hire bloggers if you like or assign regularly blogging tasks to everyone in your company.

A natural way to build your brand

A blog is a wonderful way to build your brand’s distinct voice. Write about issues that are related to your industry and your customers.

Tips for writing great posts that increase your site traffic

websites@hibu.com (Hibu Websites) — Wed, 24 Mar 2021 19:20:45 GMT

Write about something you know. If you don’t know much about a specific topic that will interest your readers, invite an expert to write about it.

Speak to your audience

You know your audience better than anyone else, so keep them in mind as you write your blog posts. Write about things they care about. If you have a company Facebook page, look here to find topics to write about

Take a few moments to plan your post

Once you have a great idea for a post, write the first draft. Some people like to start with the title and then work on the paragraphs. Other people like to start with subtitles and go from there. Choose the method that works for you.

Don’t forget to add images

Be sure to include a few high-quality images in your blog. Images break up the text and make it more readable. They can also convey emotions or ideas that are hard to put into words.

Edit carefully before posting

Once you’re happy with the text, put it aside for a day or two, and then re-read it. You’ll probably find a few things you want to add, and a couple more that you want to remove. Have a friend or colleague look it over to make sure there are no mistakes. When your post is error-free, set it up in your blog and publish.