The United States Government has recently put new rules in place for people who have entered the Country legally and are seeking permanent status. These changes may make it more difficult to gain access to the United States as a permanent resident because the U.S. Government is placing more emphasis on the Federal law that already requires those seeking to become legal residents to prove “they will not be a burden to the U.S.”, making those persons a “public charge,” and new rules have unveiled programs that could disqualify them from permanent status.
Flags to successful immigration.
The new rules will make inquiry to the applicants who have received public assistance, and consider age, health, income, and education when they are reviewing applications. The rules will take effect in October 2019, so it is best to consider the help of a legal professional ahead of time as the application for permanent residency (green card) to the United States just got more complex, and all paperwork must be completed properly for the immigration process to go smoothly.
Undocumented immigrants may be recorded.
Undocumented immigrants may not access all public assistance programs on their own merit but if they have a U.S. born child, application for benefits is possible. There are necessary benefits that undocumented immigrants may be eligible to protect life and health, such as emergency Medicaid, hospital emergency room access and nutrition programs such as WIC. The use of certain programs may flag individuals if documentation is brought to the attention of ICE under the new rules. For example, under Plyer v. Doe, all immigrant children, regardless of status, are eligible to attend public schools for grades K-12. Undocumented immigrants are also eligible for the Head Start program because it is not considered a federal public benefit program. Enrollments for these programs are recorded and can be made available to government offices if requested.
Migrant use of public assistance.
Contrary to public opinion, only a small percentage of migrants receive public benefits, and quite a few are ineligible due to their immigration status and the waiting period after becoming a citizen. The new rules will target people who are likely to receive public benefits for more than 12 months during a 36 month period. If a person is utilizing two different benefits, it is considered two months and the definition included Medicaid, housing assistance and food assistance under the Supplemental Nutrition Assistant Program (SNAP) those 12 months can add up rather quickly sending up a red flag. Low income immigrants
Tax documentation required with application.
The new requirement will include a submission of three years of federal tax returns and a detailed employment history. If an immigrant provides for their own health insurance it will be a positive check on their application. The attention to the public assistance threshold, along with considerations of health, work skills, and higher requirements for education will make it more difficult for immigrants to qualify for green cards.
There have been changes made to the Form I-693 regarding medical examination and vaccine records, whereby the document needs to be completed within 60 days of immigration benefits application, so scheduling a physical with all necessary bloodwork is important to coincide with these timelines. A delay in Form I-693 could cause problems with your application and endanger your immigration status.
Removal of illegal immigrants.
The 2017 removal statistics reflect ICE’s commitment to identifying, arresting and removing aliens who are violating U.S. Law, specifically those who pose a public safety or national security threat. As the numbers of deported individuals increases, legal immigrants need to be aware of their rights and the proper supporting documentation and filing times that are set up by the USCIS so that all paperwork is completed in accordance with current U.S. laws.
Seek effective legal counsel.
Hiring legal counsel to navigate through the many U.S. Immigration Policy changes made in recent months is imperative, as any error could keep your status from being approved. Call the Law Office of J. Joseph Cohen for assistance with USCIS filing and other questions or concerns regarding U.S. Citizenship.
Law Office of J. Joseph Cohen
110 E. Houston Street
7th Floor Box 186
San Antonio, TX 78205
Call Today:(210) 580-4902
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