Changes to 'Public Charge' Rules for Residency Applicants Take Effect
· Telemundo McAllen (KTLM)
As of this Friday, the 'public charge' rules are changing for certain individuals applying for permanent residency in the United States. The rule allows the consideration of benefits such as food assistance, health care, and housing in the denial of applications, and it is already facing a lawsuit from Massachusetts and other states. Receiving these benefits does not mean an automatic rejection, as immigration evaluates each case individually and there are exceptions. 'This new approach raises additional questions about public charge... which would become a public charge for an immigration officer to analyze the entirety of the circumstances,' explains immigration attorney Eliana Sepulveda. In short, immigration can consider the use of certain public benefits when evaluating a case, including food assistance, health care, and housing. 'The public charge determines if a person has a high likelihood of receiving subsidized benefits... food stamps, Medicaid, housing,' she said. However, receiving one of these benefits does not guarantee an automatic denial. The officer can also consider income, employment, education, and financial support. 'That is, if they have education, if they have a work history, how much money they have made in previous years...' explains the attorney. The rule also has exceptions, including certain humanitarian categories, such as some visa and asylum cases. 'Those applying for residency based on humanitarian categories like U visas or T visas are excluded.' Another key date is that those who submitted their applications before September 17 will still be under the previous rules. 'Individuals who submit their application... with a postmark until yesterday will be evaluated under the 2022 rule.' However, the new policy is already facing a legal battle. Massachusetts and 21 other states have sued the federal government, asking a judge to block the rule. As the case progresses, the attorney advises against making decisions out of fear. Her advice is to review each case individually and seek legal counsel before submitting an application.
AI summary · Source: Telemundo McAllen (KTLM) →
