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ALERT: U.S.
Public Charge Inadmissibility – Summary of New Rule (2/24) February 26, 2020.
Only the poorest immigrants who depend on Medicaid are subject to punishment — for example, denial of green card status — for using the health insurance for which they are eligible under current law.
Under the new rule, a foreign national who receives one or more public benefits for 12 months during a 36-month period will be considered a public charge. THE ISSUE. When do the new public charge rules take effect? A public charge is an individual considered dependent on the government for subsistence. Included.
... dozen categories of non-immigrants eligible to apply for an extension of stay or change of status may be subject to the new public charge rule. USCIS will implement the Inadmissibility on Public Charge Grounds final rule on February 24, 2020. under new public charge rule (effective beginning February 24, 2020): Minnesota Family Investment Program (MFIP) Supplemental Security Income (SSI) General Assistance; Medical Assistance for long-term care; Medicaid (with exceptions for emergency services, and coverage of children under age 21 and pregnant women up to 60 days after the birth of their child) Supplemental … As with the proposed rule, the final rule does not attach public-charge triggers to either the Children’s Health Insurance Program (CHIP) or the Affordable Care Act marketplace subsidies. It will be reflected in 8 CFR 103, 212, 213, 214, 245 and 248. Executive Summary – DHS states that the purpose of the rule is to ensure aliens subject to the public charge inadmissibility ground “are self-sufficient, i.e., do not depend on public resources to meet their needs, but rather rely on their own capabilities, as well as the resources of family members, sponsors, and private organizations.” In the version, that I am reading, the Table of Contents take up six pages. The proposed rule is not current law. The new DHS public charge regulations were originally scheduled to go into effect on October 15, 2019, but were delayed by preliminary injunctions issued by several federal courts that blocked the regulations from going into effect. Public Charge Proposed Regulations Summary. DHS proposes a new definition, which it says clarifies the current one. Last week the Trump administration published its long-anticipated proposed “public charge” rule, which carries enormous implications for Medicaid and immigrants enrolled in the program. New ‘public charge’ rule targets immigrant use of health and nutrition services. For green card applicants, DHS will also implement a “totality of circumstances” test, which aims to evaluate whether an applicant is likely to become a “public charge” in the future. We expect it to be months before publication of a final rule in the Federal Register. The new rule's title is "Public Charge Inadmissibility Grounds." charge test, the new rule will apply determinations of inadmissibility based on public charge to individuals on non-immigrant visas who are applying to extend their stay or to change their status from one visa to another type of visa (or whose employers are applying for new visas for them). On October 10, 2018, the Department of Homeland Security (DHS) published a proposed rule related to public charge in the Federal Register. For applications sent by UPS, FedEx, etc., the postmark date is the date reflected on the courier receipt. The Trump administration’s new “public charge” rule will intensify this kind of fear for immigrant families, including those who are in this country legally. In January 2018, DOS revised the Foreign Affairs Manual (FAM) to instruct consular officers to consider a wider range of public benefits when determining whether visa applicants who have received or are currently receiving benefits are inadmissible on public charge grounds. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020, except in Illinois, where the rule remains enjoined by a federal court as of Jan. 30, 2020.The final rule will apply only to applications and petitions postmarked (or submitted electronically) on or after Feb.24, 2020. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The final rule will apply only to applications postmarked on or after Feb. 24, 2020. The rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds. Applicants who are not exempt from a public charge assessment will be required to submit a new Form I-944. What Will Change Under The New DHS “Public Charge Rule” proposal?