On December 23, 2022, USCIS released a new edition of Form I-485, Application to Register Permanent Residence or Adjust Status (aka Application for a Green Card), because a new public charge ground of inadmissibility rule went into effect on December 23, 2022.

USCIS advised that any I-485 application filed on or after December 23, 2022, must use the new version of Form I-485. Failure to do so will result in the USCIS rejecting the filing.

While a new Form I-485 is required, the form I-864, Affidavit of Support remains the same.

On December 19, 2022, USCIS issued a follow-up Policy Alert regarding implementing the new public charge rule visa changes to the USCIS Policy Manual and provided a resources page for reference.

On September 8, 2022, the U.S. Department of Homeland Security (DHS) issued a new final rule to be published in the Federal Register on September 9, 2022, addressing the public charge ground of inadmissibility found at INA §212(a)(4). The final rule came into effect on December 23, 2022. The final rule announcement also noted that USCIS would issue a revised Form I-485.

The public charge ground of inadmissibility is found at §212 of the Immigration and Nationality Act, as amended (INA). INA §212 provides several grounds for a noncitizen being considered “inadmissible” to the United States. The public charge ground of inadmissibility applies to applicants for visas, admission, and adjustment of status, unless the noncitizen is exempt. 

INA §212(a)(4)(A) states that a noncitizen “likely at any time to become a public charge is inadmissible.” INA §212(a)(4)(B) states that, at a minimum, adjudicators should consider the applicant’s “age, health, family status, assets, resources, and financial status; and education and skills” when determining whether a noncitizen is likely to become a public charge. Additionally, an adjudicator “may also consider any affidavit of support” under INA §213(a) when applicable, noting that in cases where an affidavit of support is required, a noncitizen’s failure to provide a sufficient affidavit of support from the petitioner and any additional sponsor(s) makes the noncitizen inadmissible regardless of other factors.

For decades, USCIS interpreted the meaning of “likely to become a public charge” based on a 1999 Interim Field Guidance release. Under this guidance, a noncitizen would be considered likely to become a public charge if DHS determined that they were likely to become primarily dependent on the government for subsistence. For example, it would apply if the individual was likely to become dependent on direct cash assistance, like Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF), or to individuals who rely on Medicaid-financed “long-term institutionalization,” such as a nursing or psychiatric facility. A 2019 rule put into effect by the Trump Administration sought to change this longstanding guidance, which significantly expanded the policy to include anyone who used a broader array of public benefits for more than 12 cumulative months over any 36 months. The courts held up the 2019 rule, but the Biden Administration ultimately rescinded it. The “new” 2022 public charge rule essentially restores the status quo.

Under the new rule, “likely at any time to become a public charge” means likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. According to the preamble to the final rule, primarily dependent “connotes significant reliance on the government for support, and means something more than dependence that is merely transient or supplementary.”

For purposes of a public charge inadmissibility determination, “public cash assistance for income maintenance” means:

Supplemental Security Income (SSI);
Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program; or
State, tribal, territorial, or local cash benefit programs for income maintenance, commonly called “General Assistance.”.

For a public charge inadmissibility determination, “long-term institutionalization at government expense” means government assistance for long-term institutionalization (in the case of Medicaid, limited to institutional services under section 1905(a) of the Social Security Act) received by a beneficiary, including in a nursing facility or mental health institution. Long-term institutionalization at government expense is the only category of Medicaid-funded services (limited to institutional services under section 1905(a) of the Social Security Act) considered in a public charge inadmissibility determination.

USCIS Adjudicators, using a totality of the circumstances test, will consider the statutory minimum factors, an affidavit of support when required, and the additional factor of current and/or past receipt of public benefits. However, this additional factor is limited to the applicant’s receipt of public cash assistance for income maintenance or long-term institutionalization at government expense, with several exemptions, such as the Supplemental Nutrition Assistance Program (SNAP).

Importantly, any USCIS denial under the public charge inadmissibility ground must be in writing, “reflect consideration of each of the factors outlined (under the rule), and specifically articulate the reasons for the officer’s determination.”

Unless specifically exempted, all applicants for adjustment of status, including those applying through family-based petitions, employment-based petitions, and diversity applications, are subject to the public charge ground of admissibility. The appendices to Part G of Volume 8 of the USCIS Policy Manual provide helpful charts and guidance regarding when an affidavit of support is necessary.

The vast majority of both employment-based and family-based petitions are subject to the public charge ground of inadmissibility. In the employment-based categories, noncitizens are generally subject unless the applicant is adjusting based on an employment-based petition where the petition is filed by either a qualifying relative, or an entity in which such relative has a significant ownership interest (5 percent or more).

The applicant must also qualify for a category exempted under INA §212(a)(4)(E) (T nonimmigrants, U nonimmigrants, and VAWA self-petitioners, for example) at both the time of filing and adjudication of Form I-485. The applicant is not subject to INA 212(a)(4) (but is still required to file Form I-864).  A qualifying relative means a husband, wife, father, mother, child, adult son, adult daughter, brother, or sister. 

Even where exempt, some noncitizens applying to adjust status may still be required to submit an Affidavits of Support under Section 213A of the INA. This includes noncitizens whose employment-based petition was filed by a relative or by an entity in which the noncitizen’s relative has a significant ownership interest.

The public charge ground of inadmissibility does not apply to certain applicants for visas, admission, and adjustment of status applicants based on statutory or regulatory authority. For example:

Asylees and refugees
Applicants adjusting under the Cuban Adjustment Act
Special immigrant juveniles
Applicants seeking Temporary Protected Status (TPS),
Victims of human trafficking (T nonimmigrants),
Victims of qualifying criminal activity (U nonimmigrants),
Certain ambassadors and diplomats.

The new 12/23/22 edition of the I-485 Form includes a series of new questions in Part 8:

Q 61.  Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)? This question is challenging for any applicant. USCIS includes appendices to Volume 8, Part G of its Policy Manual regarding the interpretation of this question for employment-based, family-based, special immigrant, refugee, asylee, parolee, and other adjustment applicants. 

Q 62. What is the size of your household? According to the I-485 Form Instructions, the following individuals should be included in your household size:

You;
Your spouse, if physically residing with you;
Your parents, if physically residing with you;
Your unmarried siblings under 21 years of age, if physically residing with you;
Your children as defined in INA 101(b)(1), if physically residing with you;
Any other individuals (including a spouse or child not physically residing with you) who are listed as dependents on your federal income tax return; and
Any other individuals who list you as a dependent on their federal income tax return.

Q 63. Indicate your annual household income.

Applicants are instructed to check an income range based on the household’s total income. According to the I-485 Form Instructions, you may include income provided to your household from sources who are not members of your household, including but not limited to alimony or child support. You must exclude any income from Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under other names)..

Q 64. Identify the total value of your assets. Applicants are instructed to check the appropriate box for the total value of household assets. When considering the applicant’s financial status, USCIS also considers the noncitizen’s household’s assets and resources, for example, investments or home equity, excluding any assets from illegal activities or sources, such as proceeds from illegal gambling or drug sales.

Q 65. Identify the total value of your household liabilities (such as loans, alimony, and child support payments.). Applicants are instructed to check the appropriate box for the total value of household liabilities. See explanation above.

Q 66. What is the highest degree or level of school you have completed? 

Q 67. List your certifications, licenses, skills obtained through work experience, and educational certificates. According to the I-485 Form Instructions, applicants are to list all of your certifications, licenses, skills obtained through work experience, and educational certificates. This includes but is not limited to workforce skills, training, licenses for specific occupations or professions, foreign language skills, and certificates documenting mastery or apprenticeships in skilled trades or professions. Educational certificates are issued by an educational institution (or a training provider) and certify that an occupation specific program of study was completed.

Q 68.a. Have you ever received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under different names)?

Q 68.b. Have you ever received long-term institutionalization at government expense?

Q 68.c. If you answer to Item Number 68.a. is “Yes,” list the benefit(s) you received, the start and end dates of each period of receipt, and the dollar amount of benefits received.

Q 68.d.      If your answer to 68.b. is “Yes,” list the name, city, and state for each institution, the start and end dates of each period of institutionalization, and the reason you were institutionalized.

Questions 68.a. – 68.d. are only asking about public benefits (in other words, public cash assistance for income maintenance and long-term institutionalization at government expense) you received in the past or are currently receiving at the time the Form I-485 is filed, and where you were/are a listed beneficiary.

Exceptions: Do not include any public benefits for which you are not listed as a beneficiary, even if you assisted with the application. Do not include benefits that you only applied for, or were approved to receive in the future but have not received in the past and/or are not currently receiving. Do not include public benefits you received only on behalf of another individual.

USCIS explained that public assistance for COVID-19 testing, vaccinations, or treatment is not considered in evaluating the public charge. Nor does USCIS consider public assistance in other forms if related explicitly to COVID-19, such as food, housing, cash assistance, rental assistance, tax credits, stimulus payments, unemployment, and financial aid grants to students, the Paycheck Protection Program, and student loan forbearance.

New public charge section of the adjustment application Form I485 added a lot of new questions. In addition, applicants not only swear that all information on the application is correct but also that all information provided with the application is complete, true, and correct.

USCIS may reject or deny an adjustment application for failure to submit requested evidence or supporting documents as stated in the instructions to Form I-485 and as stated in 8 CFR §103.2(b)(1).

Currently, the USCIS Policy Guidance states that noncitizens are not required to submit any specific evidence relating to their household’s income, assets, and liabilities; however, USCIS may request additional evidence on a case-by-case basis if more information is needed to make a public charge inadmissibility determination. The new I-485 changes made it more difficult for applicants to complete forms I-485 by themselves.

Resources:

- New form I485 https://www.uscis.gov/i-485 
- See 8 CFR §212.21(b). USCIS does not consider benefits that are not referenced above when making a public charge inadmissibility determination. See 8 CFR §212.22(a)(3).
- See 8 CFR §212.21(c)
- 8 CFR §213a.1.
- USCIS Policy Manual: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources
and here:
https://www.uscis.gov/policy-manual/volume-8-part-g

Public Charge Rule Another Change by USCIS. 
​
The U.S. Department of Homeland Security (DHS) has announced a final rule on the public charge ground of inadmissibility that will help reduce fear and confusion among immigrants and U.S. citizens and ensure fair and consistent adjudications for those seeking admission at ports of entry or adjustment of status to lawful permanent resident inside the United States.

Background

Since March 9, 2021, DHS has been applying the public charge ground of inadmissibility consistent with the 1999 Interim Field Guidance, the policy that was in place for two decades before the 2019 public charge final rule was implemented. DHS removed references to the 2019 public charge final rule from the Code of Federal Regulations on March 9, 2021, after a federal court order vacating the rule went into effect.

Final Rule Overview
​
Under the rule, which is effective 105 days after it is published in the Federal Register, a noncitizen would be considered likely at any time to become a public charge if DHS determines that they are likely at any time to become primarily dependent on the government for subsistence. This determination will be based on:

• The noncitizen’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
• The noncitizen’s filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on a noncitizen’s behalf when one is required; and
• The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.

Most noncitizens who are eligible for public benefits are not subject to the public charge ground of inadmissibility. 

The final rule would generally not affect noncitizens who have already become lawful permanent residents, as they are generally not subject to public charge inadmissibility determinations. 
Some categories of noncitizens are exempt from the public charge ground of inadmissibility, including refugees, asylees, noncitizens applying for or re-registering for Temporary Protected Status, TPS, special immigration juveniles, T and U nonimmigrants, and self-petitioners under the Violence Against Women Act, VAWA. The rule includes a list of the categories exempted by Congress from the public charge ground of inadmissibility.

Additional Information

DHS will develop a Policy Manual update to help USCIS officers apply this regulation fairly and consistently and to better inform the public about how the rule will be implemented. DHS will also conduct public outreach and engagements to minimize the risk of confusion or chilling effects among both noncitizens and U.S. citizens.

Under the proposed Public Charge rule, DHS proposes to change a definition from “likely at any time to become a public charge” to “likely to become primarily dependent on the government for subsistence.” Consistent with long-standing agency practice, DHS proposes to consider the following public benefits when making a public charge inadmissibility determination:

• Supplemental Security Income (SSI);
• Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program;
• State, Tribal, territorial, and local cash assistance for income maintenance; and
• Long-term institutionalization at government expense.

DHS proposes that it not consider noncash benefits such as food and nutrition assistance programs including the Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program, most Medicaid benefits (except for long-term institutionalization at government expense), housing benefits, and transportation vouchers. DHS would also not consider disaster assistance received under the Stafford Act; pandemic assistance; benefits received via a tax credit or deduction; or Social Security, government pensions, or other earned benefits. 
By law, many categories of noncitizens are exempt from the public charge ground of inadmissibility and would not be subject to the proposed rule. Some of these categories are refugees, asylees, noncitizens applying for or re-registering for temporary protected status (TPS), special immigration juveniles, T and U nonimmigrants, and self-petitioners under the Violence Against Women Act (VAWA). Under the proposed rule, if a noncitizen received public benefits while in an immigration category that is exempt from the public charge ground of inadmissibility, DHS would not consider the noncitizen’s past receipt of such benefits as part of any future public charge determination.

The Proposed Rule is published here. And here. 

On March 9, 2021, USCIS stopped applying the 2019 Public Charge Rule introduced by previous administration and reverted to the 1999 rule. Current overview of a public charge rule is here. 

Briefly in Russian:

Департамент госбезопасности США опубликовал сегодня законопроект нового закона о Получении пособий для иммигрантов и как это влияет на возможность отакза грин карты как Public Charge (получатель пособий).

Закон от 2019 был отменен и его прекратили приминять в марте 2021. USCIS вернулся к применению старого закона от 1999, который более мягкий.

Сегодня опубликован новый законопроект, который сужает категории пособий, получение которых может лишить иммигранта шанса получить грин карту или вид на жительство в США.

Закон менят само определение того, что является public charge и получение каких именно пособий или бенефитов считается public charge. 

Категрии пособий за которые можно лишиться шанса на грин карту сужены в основном на те группы, где пособие в форме денежных выплат. Medicaid за некторыми исключениями теперь не будет влиять на получение грин карты.

Effective March 9, 2021, applicants for a green card should not file Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. The Form I-944 has been discontinued.

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required for Form I-944 by the Public Charge Final Rule, and your response is due on or after March 9, 2021, you don't need to provide the information solely required by the Public Charge Final Rule.

You do, however, need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit sought. If USCIS requires additional information or evidence to make a public charge inadmissibility determination, it will issue a subsequent RFE or NOID.

USCIS will issue additional guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944.

Briefly in Russian:

9 марта 2021 форма I-944, Декларации о самодостаточности была отменена. Это Декларация и доказательства финансовой состоятельности более не требуется при подаче заявления на грин карту, форма I-485.

Вам не нужно отвечать на запрос о документах, если это касается именно этой формы, но стоит внимательно изучить RFE и ответить на те вопросы, которые относятся к другим элементам вашего дела.

Please see announcement here: https://www.uscis.gov/i-944

ILRC published a brief summary of temporary changes U.S. Citizenship and Immigration Services (USCIS) has made in response to COVID-19. Changes include plans for reopening USCIS facilities after suspending all in-person services, including interviews and biometrics appointments, from March 18 to June 3, 2020; automatic extensions for Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and other responses; and an alert meant to combat the new public charge rule's negative effect on immigrants getting testing, treatment, and care for COVID-19 due to fears about how it might affect their case. 

Latest updates: 
On November 3, 2020, a circuit court of appeals allowed USCIS to continue implementing the new public charge rule nationwide, just one day after a district court vacated the rule as illegal. In July 2020, the rule was also briefly paused during the COVID-19 public health emergency.

On September 22, 2020, USCIS updated its website to indicate that it intends to apply the new public charge rule to all applications postmarked on or after February 24, 2020, meaning even those filed between July 29, 2020 and August 12 or September 11, 2020. In recognition that during the uncertainty surrounding the litigation summarized above some applicants subject to public charge may have filed adjustment applications without Form I-944, USCIS’ new public charge form, USCIS stated it would issue RFEs for the missing forms and evidence for cases received before October 13, 2020.

After October 13, 2020, any adjustment application lacking Form I-944 where required will be rejected. USCIS has republished Form I-944, at uscis.gov/i-944.

USCIS has also published an alert to the public charge page of their website acknowledging that the recently implemented public charge rule may have chilled individuals from seeking medical treatment for COVID-19. The alert states that USCIS will not consider testing, treatment, or preventive care related to COVID-19 as part of the public charge inadmissibility determination, and also that it will consider explanations of COVID-related effects like job loss necessitating use of other public benefits. After briefly removing this alert from its website in late July, USCIS re-posted it on August 21, 2020. 

12/03/2020 Update: On 12/02/2020, the Ninth Circuit Court of Appeals invalidated controversial "public charge" new rule.. again. The public charge rule causes financial harm to states and doesn't promote self-sufficiency as the administration has suggested. The court also argued that the administration failed to explain the abrupt change in policy.

Quick Summary of Updates:

• Planned furlough of 13,400 USCIS employees temporarily halted, again - page 1 • Field offices have started reopening and resuming some interviews and other in-person services with social distancing and other health & safety precautions – page 2
• Starting September 23, 2020 until at least March 22, 2021, the Asylum Office will require applicants use USCIS-provided telephonic interpreters, unless they require a language not available through the government-provided interpreter service – page 3
• Throughout closures, Service Centers and lockboxes have continued to accept applications – page 3
• During office closure USCIS was re-using some biometrics but as Application Support Centers (ASCs) reopen, USCIS will stop doing this – page 3 • Copies of signatures accepted in place of original, “wet ink” signatures – page 3
• USCIS has extended its allowance for extra time to respond to Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and other responses – page 3
• COVID-19 and public charge: after the July 2020 injunction in light of COVID-19 was stayed in September 2020, another court decision on November 2, 2020 briefly stopped the new rule but one day later, on November 3, 2020, USCIS was again allowed to apply the new public charge rule nationwide – page 4
• Contacting USCIS during the pandemic – page 5
​USCIS’ Contact Center, reachable online at https://egov.uscis.gov/e-request/Intro.do and by phone (800-375- 5283), is supposed to be available for emergency requests for service, including requests to schedule Infopass appointments in time-sensitive, urgent situations, for instance emergency advance parole.
• USCIS should do more to ameliorate negative effects of USCIS office closures – page 5 

Immigrants living in the United States are eligible for unemployment benefits. But as the health and economic impacts of the coronavirus spread across the country, many are reportedly afraid to file for unemployment and other government benefits. Much of this fear stems from the Trump administration’s public charge rule. The public charge rule makes it harder for people of limited means to qualify for a visa or green card.
Thankfully, many of these fears are unfounded. However, the climate of fear created by the public charge rule has hampered efforts to respond to the novel coronavirus, COVID-19. This put people’s lives at risk.
Do people with green cards need to worry about using government services due to the coronavirus? No. The current public charge rule applies to people already in the United States who are seeking to obtain a green card, as well as those in another country seeking a visa to come to the U.S. The new rule also requires those seeking to extend or change their nonimmigrant status to submit information on public benefits use. But it does not apply the full public charge test to those individuals.
This means that lawful permanent residents—those who already have green cards—do not need to worry about triggering the harsh effects of the public charge rule by using government services during the coronavirus.
Does filing for unemployment put someone at risk under public charge? No. When the Department of Homeland Security (DHS) published the public charge rule, it made clear that receiving unemployment benefits is not considered to be receiving a “public benefit.” This is because unemployment is an “earned benefit” that workers pay into with their paychecks. This includes Medicare and Social Security.
Not every immigrant laid off due to COVID-19 will be eligible for unemployment. People seeking to file for unemployment generally must be legally authorized to work. Some states extend unemployment benefits to individuals with DACA, while others do not.
Does receiving government support for a coronavirus test put someone at risk under public charge?No. Guidance posted on the U.S. Citizenship and Immigration Services (USCIS) website says that “USCIS will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination.”
This is true even if someone pays for the treatment through a benefit which would normally count against them. Again, this includes Medicaid.
The rule itself also exempts the use of Medicaid benefits for treatment of an “emergency medical condition.” Immigrants should not worry about using emergency Medicaid if they become sick with the virus and need treatment.
Could a period of unemployment due to the coronavirus put someone at risk under public charge?Maybe. The public charge rule operates like a wealth test. Immigrants who are laid off due to the coronavirus could have their diminished financial wellbeing counted against them if they apply for a green card in the future or are forced to rely on public benefits to survive.
However, USCIS has indicated that individuals in that situation should provide additional evidence along with their application for a green card. They can explain that the hardship was due to COVID-19.
The agency says it will “take all such evidence into consideration in the totality of the [immigrant’s] circumstances,” indicating that they will likely provide leeway in that event.

​More here.

On Friday, October 4, 2019, Donald Trump issued a presidential proclamation that would bar new immigrants from entering the United States without health insurance.

The proclamation excludes from the United States new lawful immigrants who cannot show the ability to purchase unsubsidized commercial health insurance within 30 days of entry, unless exceptions apply. It will prevent otherwise eligible immigrants coming in from abroad from being issued visas to enter the U.S. if they lack the financial ability to purchase unsubsidized health insurance. That means that prospective immigrants potentially could be barred from the United States unless they can find a way to purchase health insurance outside of the Affordable Care Act (ACA) exchanges.

One way to satisfy the requirement of being able to purchase health insurance is to have actually purchased health insurance, though it is not yet clear whether it will be necessary to do so. It might be possible to satisfy consular officers, for example, by showing sufficient financial resources to purchase insurance after one arrives in the United States.

Because immigrant visa issuance is over 80% family-based immigrants, the proclamation will disproportionately impact those immigrating based on family ties, rather than employment-based immigrants. (Employment-based immigrants usually adjust status inside the United States.) Another significant impact will be on winners of the Diversity Visa Lottery, who are predominately from African countries, as most of those selected through that program enter the United States with immigrant visas rather than being able to adjust status in the United States.

As published, the proclamation only affects NEW immigrants applying for immigrant visas at the U.S. consulates and embassies abroad  (those issued an immigrant visa on or after November 3, 2019, the effective date of the proclamation). It does not apply to nonimmigrants entering on any temporary visa, including H-1B visa holders, L-1 intracompany transferees, international students and scholars, visitors for business, tourists or entries for any other temporary purpose. It also does not apply to refugees, returning residents, people who are adjusting status in the USA.

Anyone who is able to adjust status from within the United States, rather than filing for an immigrant visa, should do so, because adjustment of status is outside the scope of the proclamation. Also, anyone able to get their immigrant visa this month should not delay their application and should review their documentary qualification with an immigration lawyer to be sure they can receive their visa before November 3, 2019.

Much of the practical effect of this proclamation will have to await implementing instructions from the State Department to consular posts. 

Which forms of health insurance are “approved” under the proclamation?“Approved” health insurance under the proclamation includes:

• employer-sponsored health plans
• unsubsidized plans purchased on the individual market
• non–Affordable Care Act (ACA)–compliant short-term health plans authorized by the Trump administration
• catastrophic plans
• family members’ plans
• TRICARE plans or other coverage for military members and veterans
• visitor health insurance plans
• Medicare plans
• other health plans as determined by the U.S. Dept. of Health and Human Services

Medicaid is acceptable for children age 18 and younger, but subsidized ACA plans are not acceptable for either adults or children.

Who is exempt from the proclamation’s requirements? Certain categories of immigrants are exempt from the proclamation’s requirements, including:

• anyone issued a visa prior to the effective date (Nov. 3, 2019)
• LPRs returning after a long absence
• unmarried children and adoptees of U.S. citizens
• people seeking Iraq/Afghani Special Immigrant visas
• children under age 18, unless accompanying parents subject to the proclamation
• parents of adult U.S. citizens, if they can demonstrate to the satisfaction of the consular officer that their health care will not impose a substantial burden on the U.S. health care system
• people whose entry would advance law enforcement objectives or would be in the national interest

The proclamation further states that it should not be construed to affect any individual’s eligibility for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture.


Briefly in Russian:

Новая Прокламация Президента США вступает в силу 3 ноября 2019 и требует наличия медицинской страховки для всех *новых* иммигрантов в США. По этой прокламации, которая не была утверждена Конгрессом, а только подписана Президентом, почти все иммигранты, подавшие документы на американскую иммиграционную визу, должны иметь страховку или достаточно денег, чтобы оплатить медицинские расходы в США. Если у иммигрантов нет страховки и денег, то визу они не получат и иммигрировать в США не смогут.  Новое правило относится только к тем, кто подает на визу за рубежом, в том числе к супругам и родителям граждан США. 

Новое правило - если оно останется в силе - коснется тех, кто спонсирует своих родителей, детей, а также победителей Лотереи грин карт.

Новое правило не относится к тем, кто получает грин карту через процесс adjustment of status, не выезжая из США. Поэтому если у вас есть возможность выбрать, то adjustment of status возможно лучший вариант для многих.

Не попадают под правило резиденты, которые находились за пределами США больше года, просители убежища, беженцы и их дети, а также те, у кого уже есть действующая иммиграционная виза, полученная до 3 ноября 2019. 

On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security.
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A Notice to Appear (NTA) is a document given to a foreign national that instructs them to appear before an immigration judge on a certain date.

The issuance of an NTA commences removal proceedings against the foreign national. Under the new guidance, USCIS officers will now issue an NTA for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unlawfully present in the United States.

Deferred Action for Childhood Arrivals (DACA) recipients and requestors are exempted from this updated guidance when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA. As explained in the concurrently issued DACA-specific guidance, USCIS will continue to apply the 2011 NTA guidance to these cases. USCIS will also continue to follow the existing DACA information-sharing policy regarding any information provided by a DACA requestor in a DACA request or DACA-related benefit request.

USCIS, along with ICE and CBP, has legal authority under current immigration laws to issue NTAs. New USCIS Policy Memorandum updates the guidelines USCIS officers use to determine when to refer a case to ICE or to issue an NTA.

​The revised policy generally requires USCIS to issue an NTA in the following categories of cases in which the individual is removable:

• Cases where fraud or misrepresentation is substantiated, and/or where an applicant abused any program related to the receipt of public benefits. USCIS will issue an NTA even if the case is denied for reasons other than fraud.
• Criminal cases where an applicant is convicted of or charged with a criminal offense, or has committed acts that are chargeable as a criminal offense, even if the criminal conduct was not the basis for the denial or the ground of removability. USCIS may refer cases involving serious criminal activity to ICE before adjudication of an immigration benefit request pending before USCIS without issuing an NTA.
• Cases in which USCIS denies a Form N-400, Application for Naturalization, on good moral character grounds because of a criminal offense.
• Cases in which, upon the denial of an application or petition, an applicant is unlawfully present in the United States.

The revised policy does not change the USCIS policy for issuing an NTA in the following categories:

• Cases involving national security concerns;
• Cases where issuing an NTA is required by statute or regulation;
• Temporary Protected Status (TPS) cases, except where, after applying TPS regulatory provisions, a TPS denial or withdrawal results in an individual having no other lawful immigration status;
• DACA recipients and requestors when: (1) processing an initial or renewal DACA request or DACA-related benefit request; or (2) processing a DACA recipient for possible termination of DACA.

Under separate policy guidance issued concurrently, USCIS officers will continue to apply PM 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011, to the issuance of NTAs and Referrals to ICE for DACA recipients and requestors.

New memo 1 ,general NTAs, and memo 2, DACA NTAs (both issued on June 28, 2018).

Under new June 28 2018 USCIS policy memo, USCIS will issue a Notice to Appear or NTA on its own initiative without referral to ICE, and place individuals in removal or deportation proceedings in immigration court upon denial of an application, if a person is deemed removable on the date of denial.

It will affect many people on H-1B work visa, their spouses, foreign students on F-1 student visa. This new policy will further backlog our immigration courts, and can result in more people becoming inadmissible and requiring waivers if applying for a visa at the U.S. embassy or consulate.

Briefly in Russian:

В соответствии с новыми правилами, опубликованными USCIS 28 июня 2018, Иммиграционная служба США будет передавать дела в иммиграционный суд и выдавать повестки в суд сами, без участия иммиграционной полиции ICE. Такие повестки в суд на депортацию будут выдаваться после отказа в заявлении поданном в USCIS, если заявитель потерял легальный статус на момент получения отказа. Ожидается, что суды станут еще более перегружены, и многие иностранные студенты F-1 student visa, и люди на рабочих визах H-1B получат повестки на депортацию, что ранее было крайне редко. 

#USCIS #ICE #NTA #NoticetoAppear #immigration #immigrant #immigrationcourt #deportation #removal