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New Public Charge Rule - 250% Poverty Level & Means Tested Benefits - YouTube
Channel: RapidVisa
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the Homeland Security recently issued a
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new public charge rule that our
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customers have been asking about so we
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wanted to briefly go over this a public
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charge is defined by the USCIS is a
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person who is likely to become primarily
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dependent on the government for
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subsistence as demonstrated by either
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the receipt of public cash assistance
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for income maintenance or
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institutionalization for long term care
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at government expense in other words a
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public charge is a person who cannot
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support themselves financially and
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depends on certain welfare benefits
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people who are likely to become a public
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charge are not admissible to the US and
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are not eligible to receive a permanent
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resident card this has been the rule for
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so many years there are two major
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factors that concern our customers about
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this new rule the first major factor is
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the use of certain public benefits by
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the applicant now any non-immigrant
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alien who is intending to adjust status
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and has used any public benefits in the
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USA they would be denied a visa the
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language of the new rule specifically
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mentions the alien and not the US
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citizen sponsor in this case the public
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benefits must have been received
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directly by the applicant for the
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applicants own benefit the new rule
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which goes into effect on October 15
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2019
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mentions the following benefits
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considered in a federal state local
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tribal cash assistance for income
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maintenance Supplemental Security income
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or SSI Temporary Assistance for Needy
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Families stay in TANF federal state or
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local cash benefit programs for income
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maintenance of in cold general
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assistance in the state context but
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which may exist under other names
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Supplemental Nutrition Assistance
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Program or snapped or formally called
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food stamps section 8 housing assistance
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under the Housing Choice Voucher program
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sec
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a project-based rental assistance
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including moderate rehabilitation public
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housing under section 9 of the Housing
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Act of 1937 federally funded mitigate
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with certain exclusions so in general is
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fairly uncommon for a non-immigrant to
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receive any of these benefits so the
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second major factor related to this new
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rules the property threshold of the
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sponsors income the sponsor is required
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to meet at least 125 percent of the
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poverty guidelines this has been the
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rule for some time and is not changing
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per se but what is changing is that the
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Department of State is setting the bar
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higher explicitly stating that if your
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income is below 250% of the poverty
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guideline your case is going to receive
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more scrutiny that means they're going
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to review it and they're going to look
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at the supporting documents and they
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want to ensure that you meet this
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guideline and just to give you an
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example of what 250% of the guideline is
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for a family of four you're looking at
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approximately sixty four thousand three
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hundred and seventy four dollars so
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that's considerably higher than it was
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before now this is it's kind of a gray
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area on how they're going to scrutinize
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this because as many of you probably
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know income and supporting documents are
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very subjective meaning it's going to
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come down to the discretion of the
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officer reviewing the case so they're
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going to you're going to need to provide
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more documents they're going to look at
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your finances and we anticipate that
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we're going to see quite a few more our
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Effy's that's request for evidence
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letters we also anticipate we're
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probably going to see more denials so
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there's going to be a lot more
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information on this to come after the
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rule goes into effect but what we can
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recommend right now is to submit your
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application or your petition as soon as
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possible if you'd like to get started
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immediately give us a call and we'll
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help you out with us because we do
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expect this to have a major impact okay
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next question is from Michael and Heidi
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do the new October 15 income rules of
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250% apply at the time
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filing the affidavit of support or at
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the time of filing of the 1 p0 I have a
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pending CR 1 1 3 0 waiting for a no a 2
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so the the new rule will take effect on
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October 15 and that would be all
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petitions that are will be filed at
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October 15 onwards so if you have
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already pending SCR 1 it doesn't affect
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your it doesn't affect your petition
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because it doesn't have a retroactive
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effect it will only affect petitions
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filed on October 1 onwards and the other
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concern here is are there a question
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that we may not know about yet is
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whether or not this is going to affect
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the affidavit of support filed with the
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consulate that's overseas right now what
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we're looking at is adjustment of status
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packages filed with the USCIS it's
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unclear at this moment how this is going
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to impact the i-130 s and i-485 s are
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the i-864 s which is the affidavit
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support filed with the National Visa
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Center which in turn sends it over to
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the embassy but for your case you should
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be fine you've already filed and you're
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well ahead of the game but as I stated
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earlier for anyone else out there you
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really should apply as soon as possible
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because once this goes into effect we
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anticipate quite a few more RFPs request
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for evidence as well as denials we're
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not sure if they're going to request
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that you get a joint sponsor or we're
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not exactly sure if you can use assets
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you know so there's a lot of unanswered
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questions regarding this new rule that
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goes into effect in October
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well the k1 visa income requirements
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going up in October 15 or is it just
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adjustment of status 250%
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are you able to get a co-sponsor of ones
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in the United States Oh another 250%
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question in conformance yeah just just
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to let everyone know out there the
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income requirements are not going up
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okay if you'll look at the HHS poverty
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guidelines the income requirements have
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stayed the standard
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okay the only thing that came out with
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the new rule from the US Department of
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State is stating that they are looking
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at incomes in between a hundred and
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twenty five percent and two hundred and
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fifty percent those are the ones they're
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gonna scrutinize more okay so if your
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income is over two hundred fifty percent
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say it's over sixty five thousand you're
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gonna fly through with no issues okay
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but if you're below that two hundred
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fifty percent level they're going to
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scrutinize it more so they're gonna look
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for more evidence they're gonna look at
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several factors they're gonna look at
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your age your health your you know your
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employment okay whether you're retired
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whether you're receiving you know Social
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Security they look at a lot of different
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factors
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there's the USCIS actually has a
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document out there that lists all the
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factors that they look at and they take
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all this into consideration and they
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just want to ensure that the beneficiary
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is not going to collect means-tested
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benefits okay food stamps welfare things
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like that but if you are below that 250%
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income level in some countries it some
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embassies you may use a joint sponsor to
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meet these income requirements but if
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you're from the Philippines not so much
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they do not accept joint sponsors for
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the k1 fiancee visa they do for the
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spousal visa but not for the fiance visa
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so again we don't have all the answers
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on this new rule yet there's a lot more
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information that's gonna come out
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especially once we start receiving RFPs
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and denials because usually in those are
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Effie letters the request for evidence
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letters they'll tell you exactly what
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they're looking for they'll tell you you
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need joint sponsor or we need to see
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your IRS tax transcript from the
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previous year or the last three years so
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what we expect or anticipate is that
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they're going to be looking for more so
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I can tell you usually to prove your
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income they want to see the your last
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year's tax returns and they want to see
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your w-2s
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they we also recommend providing three
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to six months of your pay statements if
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you're a business owner or independent
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contractor a lot of times you're going
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to want to provide six months of bank
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statements including all your tax
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schedules so again with this 250 percent
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rule there's a lot more to come on that
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but right now just know that the income
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requirements have not gone up it's just
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this is giving them some more leeway I
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think to to scrutinize petitions more so
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yeah more to come
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