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Proposed “Public Charge” Rule Allows the Well Funded Immigrants To Obtain a Green Card While Bringing Harm to Hardworking Families

On September 22, 2018, the Trump administration announced a proposed rule to make it harder for immigrants to obtain a green card or visa. It would not matter whether the immigrant is already here legally or if they are seeking to enter.

The Administration seeks to broaden the inadmissibility ground relating to a “public charge.” This ground applies if the intending immigrant is deemed likely by the Department of Homeland Security (DHS) to receive certain public benefits once they come to the United States.

What Happens Upon Implementation

When the proposed rule is fully implemented it allows officers to deny hard working immigrants the opportunity to obtain a green card based on whether the person is likely to use public benefits. You read that right. It does not require actual use of public benefits only that an officer find that you may likely use public benefits in the future.

Currently, immigrants applying for a green card must submit an enforceable affidavit of support on form I-864. The affidavit of support is a contract between a US citizen or legal permanent sponsor in the US government that imposes on the sponsor a legally enforceable obligation to support the immigrant. Importantly the sponsor is not required to post any actual money with the US government. If an immigrant uses a means tested benefit than the agency that provided the benefit can seek reimbursement directly from the sponsor.

Harming the Working Class

The Trump administration seeks to ensure that only those with financial resources can obtain immigration benefits. The final proposal includes a plan to reintroduce and amend the public charge bond provisions. DHS wants to institute a public charge bond process to “benefit” applicants that post a $10,000.00 bond to adjust his or her status.

In addition, the proposed rule allows DHS to pick and choose who would have the opportunity to pay this immigration bond. DHS proposes that a public charge bond can only be submitted in the immigrant’s behalf after it makes this option available to the immigrant and that DHS would reject any unsolicited attempt to submit a bond.

If you have any questions about this topic or would like a review of your immigration options, then please contact us at info@godoylawoffice.com or call us at 855-554-6369.

Source:

https://www.cnn.com/2018/09/22/politics/trump-administration-immigration-public-benefits/index.html
https://www.nbcnews.com/politics/immigration/trump-admin-rule-would-deny-visas-green-cards-immigrants-who-n910791
https://www.dhs.gov/publication/proposed-rule-inadmissibility-public-charge-grounds

Mario Godoy
Mario Godoy
Immigration Lawyer and Illinois Crimmigration Attorney

Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

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