New "Public Charge Rule" Expected to Adversely Impact Immigration Applications

The new "Public Charge Rule" has been finalized and takes effect on October 15, 2019. Although legal challenges could delay implementation of the rule, foreign nationals applying for immigrant visas and admission to USA should strongly consider filing their applications before October 15, 2019. The new rule will not apply to adjustment of status applications that are pending or postmarked before October 15, 2019.

More importantly, under the new Rule, a foreign national can be denied permission to immigrate to the USA (or even entry to USA) if the government believes, under the "totality of the circumstances", that the person is likely to become a public charge while in USA. A foreign national can be a considered a "public charge" upon receiving any number of public benefits for more than an aggregate of 12 months over any 36-month period of time. (Previously, the government assessed whether applicants were likely to become primarily dependent on the government for income support). The new rule will prevent many foreign nationals from being admitted to the U.S., and more importantly, being allowed to legally immigrate to the U.S.

We assist countless foreign nationals and we will be happy to personally assist you with your application as well. Drop us a line at Lawyer@MurrayLawNJ.com or call us at (888)354-6257. For reasons on why you should consult an immigration attorney whenever you have an immigration issue, see our page titled: Reasons Why it is Vital to Use an Immigration Lawyer.