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U.S. Embassies and Consulates Agree to Delay New Public Charge Rule

Updated: Oct 16, 2019

The Trump Administration has been attempting to massively expand the federal government's use of the longstanding legal requirement that would-be immigrants show that they would not become public charges upon receiving U.S. permanent residence. Without making such a showing, no permanent residence would be granted to them. To this end, the Administration attempted to promulgate an enhanced version of the "Public Charge Rule", which was supposed to take effect from today. This new Rule, which is not really new, has garnered a lot of media attention and captured the public interest. However, at the last minute, three federal judges enjoined the Administration from implementing the Public Charge Rule. Although Department of Homeland Security was prevented from implementing the new Rule, the Department of State appeared willing to begin screening applicants for Immigrant Visas under the new Rule. Thankfully, earlier today, a Department of State spokesperson indicated that it would not implement the new Public Charge Rule at U.S. Consulates abroad, which would have created inconsistent legal standards for foreign nationals applying for permanent residence in the United States.

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