Public Charge Rule Coming This Summer and USCIS Announces New Web Resources!
Last Friday, June 3, a USCIS alert announced that DHS plans to publish a new final public charge rule in July or August 2022. This is terrific news! We are very hopeful that a new final rule will put an end to Texas, Arizona and likeminded states’ attempts to intervene in litigation that blocked the 2019/Trump rule; and ask a court to allow the 2019/Trump rule to go back into effect. The alert also allayed fears by reenforcing that few non-citizens are BOTH subject to the public charge ground of inadmissibility AND eligible for the public benefits considered under the 1999 Interim Field Guidance.
USCIS also updated its public charge resources webpage with a helpful Q&A section designed to clarify current policy and reduce the chilling effect.
The website provides a short list of essential clarifications such as:
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Who is exempt from a public charge determination
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Which benefits are and are not considered in a public charge determination
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Clarifying that USCIS does not consider vaccines or public benefits related to the COVID-19 pandemic when making public charge determinations
It also sorts questions into a number of helpful categories:
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Implementation of the 1999 Interim Field Guidance
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COVID-19 related public benefits
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Eligibility for other immigration benefits
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Deportability
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The affidavit of support
What should you do with this new information? You can share sections of the Q&A with:
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A state or local agency that is confused or nervous about public charge and needs official information from a trusted federal agency to set them straight!
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Immigration attorneys who don’t believe you when you say that very few benefits count in a public charge determination and which ones do not count!
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Outreach and communications with partner organizations to support their educational efforts in the community.
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Reporters that you have a close relationship with, so they have a heads up that a new rule is coming.
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Immigrants and their families, as part of the messages you already share, that USCIS just put out specific information that addresses their concerns and backs up the information you’re providing them.
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