Immigration resource news magazine for United states of america» INA

Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Tiyalaw — Thu, 27 Sep 2018 07:00:27 +0000

Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Recently, U.S. Citizenship and Immigration Services (USCIS) proposes new law to widen the “public charge” determination for recipients of various welfare benefits. Those who are likely to become a “public charge” at any time in the future will be inadmissible and disqualify from various immigration green card applications, admissions, visas; and nonimmigrant change of status and extension of stay.
USCIS will publish the effective date for proposed rules upon completing public comments and reviews.

The public benefits (beyond certain thresholds) that are covered by the proposed “public charge” determination includes:

Receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing. Generally, these covered benefits represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care.
Under the proposed rule, receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes. Only such benefits receipt that occurred after a final rule becomes effective will be considered public charge.

The proposed rules will not affect foreign nationals specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act (VAWA), and special immigrant juveniles; and also excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.

Additionally, most lawful permanent residents would not be subject to inadmissibility determinations; certain exceptions apply.

For additional information, please visit:

https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

September 22, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

More News

Seeking to work in U.S. Tropical Islands? Immigration Reaches FY2016 Visa Cap for CW-1 Workers

Tiyalaw — Sat, 21 May 2016 15:55:04 +0000

Immigration Reaches FY2016 Visa Cap for CW-1 Workers

CW-1 Cap

On May 20, 2016, U.S. Immigration and Citizenship Services (USCIS) has received sufficient petitions to meet the government-mandated Fiscal Year (FY) 2016 quota (visa cap or numerical limit) of 12,999 workers for CW-1 visas.

May 5, 2016 was the final date USCIS would receive CW-1 worker petitions for an employment start date prior to October 1, 2016 start-date.

USCIS is still accepting CW-1 worker petitions for FY 2017 for an employment start date of or after October 1, 2016.

A given fiscal year starts from October 1 and ends on September 30 the following year.

All CW-1 workers (new employment and extension petitions) are subject to cap unless the worker has already been counted towards the cap for the same fiscal year.

What is a CW-1 Worker?

CW is for Transitional Worker nonimmigrant visa classification for foreign workers only in the Commonwealth of the Northern Mariana Islands (CNMI), and who are ineligible for other types of employment nonimmigrant classifications in the Immigration & Nationality Act (INA). CW program is scheduled to expire on December 31, 2019.

Relationship between U.S. and Commonwealth of the Northern Mariana Islands

CNMI is a group of islands in the Pacific Ocean, located between Hawaii and the Philippines. CNMI has chosen to be under the U.S. administration.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

More News

Expedited U.S. Citizenship for Certain U.S. Military Members & Their Families

Tiyalaw — Tue, 17 May 2016 21:39:16 +0000

Expedited U.S. Citizenship for Certain U.S. Military Members & Their Families

Under special immigration law provisions, members and certain veterans of the U.S. armed forces and their dependents (spouses and children) may be eligible for U.S. citizenship including expedited and overseas processing. Certain general naturalization requirements may be waived or diminished. Among meeting other requirements, a military-service applicant may apply for naturalization having served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve for any amount of time during a designated period of hostilities; and have been separated honorably if separated from the U.S. armed forces. Other military-service members who have served honorably in the U.S. armed forces at any time may apply for naturalization upon meeting certain requirements.

Additionally, it is possible for posthumous naturalization (naturalization after death) if the individual served honorably in the US. Armed forces, and died due to injury or disease incurred while serving in an active duty status during specified periods of military hostilities.

Normally, individuals of U.S. armed forces and military services that qualify for the citizenship provisions above are in the U.S. Army, Navy, Air Force, Marine Corps, Coast Guards, and certain components of the National Guard, and the Selected Reserve of the Ready Reserve.

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net