President Trump’s new “public charge” rules take effect Tuesday, Oct. 15, but since Monday is a federal holiday, and most post offices are closed on Sunday, Friday, Oct. 11, is the real cutoff for filing to be processed before the new rule.

Allan Wernick discusses the new ‘public charge’ rule which will take effect soon: 

ALLAN WERNICK: Filing deadline approaching for green card under new Trump rules to determine if applicant will need public assistance

By: ALLAN WERNICK
      8/20/19

President Trump’s new “public charge” rules take effect Tuesday, Oct. 15, but since Monday is a federal holiday, and most post offices are closed on Sunday, Friday, Oct. 11, is the real cutoff for filing to be processed before the new rule.

The new rule applies to applicants for adjustment of status — the process of interviewing for your green card in the United States. It changes the rules for determining whether a green card applicant is “likely to become a public charge,” that is, to require need-based public assistance to live in the United States.

As I wrote last week, the new rule makes having received certain need-based public benefits a bar to getting a green card.

Though very few applicants qualify for these benefits, the new rules will nevertheless make it harder for you to get a green card.

In some cases, the new rule raises the amount your sponsor must prove they earn to show they can support you.

Under current rules the sponsor must prove support at the level of 125% of the federal poverty for a “family” that includes the sponsor, his or her dependents and the green card applicants.

The new rule allows USCIS, in some circumstances, to require proof of a sponsor’s income at 250% of the poverty level. Family and friends can submit supplemental affidavits to support the application, but many applicants will nevertheless find it harder to meet that threshold.The most frightening aspect of the new rule for green card applicants is the emphasis on USCIS officers considering the “totality of circumstances” in determining whether the applicant will become a public charge.

Even for applicants who have never received public benefits, the totality of circumstance’s test may be hard to pass.

Factors USCIS will consider include whether the applicant speaks English and has education and skills (factors in determining employability), whether the person has worked in the United States since getting employment authorization, the applicant’s age, health, and whether the applicant can get unsubsidized health insurance.

The message to USCIS examiners is clear: Find a way to deny applicants a green card.

Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project.

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