VISA2US Blog

America’s immigration policies are frequently tied to the political situation in the country at any given time. When those in charge of reformation and policies can’t come to an agreement, the resulting impasse may have serious consequences. That’s what we see playing out on the near horizon as the end of the fiscal year approaches. If Congress can’t agree on how to fund the federal government, a partial shutdown could happen, and the impact could be damaging to those awaiting immigration paperwork. We’ll explain what’s going on and what you should be doing to prepare for a potential government shutdown here.

The past few years have seen an increase in immigration changes through the COVID-19 pandemic and switching Trump and Biden Administrations. The latest round of federal immigration policies in 2023 focuses on things like immigration activity along the border of US and Mexico, noncitizens in mixed immigration status families, and children with immigrant parents. We cover the evolving immigration policies here and how they’ll affect your visa in 2023.

Immigration laws in the US began in the 1880s as people were welcomed into the country for various reasons. Within those laws is the term “public charge,” referring to someone in the care of the public. However, in 1999, the Immigration and Naturalization Service (the agency before the Department of Homeland Security) defined this term more thoroughly. In the 1999 Interim Field Guidance release, the definition of “public charge” was adapted to refer to anyone primarily dependent on public cash assistance or long-term care at the expense of the government. This standard has remained until recent rulings, and the DHS’s new “public charge” rule could affect visa and green card holders.

In this blog, we review the public charge of inadmissibility ruling, and the key differences between the Trump era rule that was discontinued from the current 1999 rule in effect today.

Kentaji Brown has been nominated to the Supreme Court. In terms of immigration, she has a record of defending immigrants seeking certain benefits while living in the United States.

The Trump era public charge ruling has been effectively thrown out, and replaced by the 1999 version. While the 1999 version of the rule is perhaps more lenient on immigrants, there are still key provisions to take into account when seeking an adjustment of status.

The USCIS is looking to change their definition and adjudication process for public charge of inadmissibility rulings. This includes changing which types of non-cash will be exempt from determinations.

The I-864 is not a short-term contract and can last many years. Consider the following before signing this USCIS form.

Your consular processing interview abroad will include many questions about the following topics below: alien smuggling, unlawful presence, and drugs and domestic violence.

Courts around the country will dismiss immigrant public charge cases that have been appealed by rejected applicants on this basis. However, the I-864 Affidavit of Support is still mandatory when applying for a U.S. visa or green card. Therefore it is important to understand the totality of circumstances that USCIS officers use to preside over cases.