MORE BAD NEWS FROM THE WHITE HOUSE
GROUNDS OF INADMISSIBILITY
The New Immigration Regulations as of February 24, 2020
Individuals are inadmissible to the United States if they are unable to care for themselves without becoming a Public Charge.
Benefits Included In Public Charge Inadmissibility Determinations
- Any federal, state, local, or tribal cash assistance for income maintenance
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- Federal, state or local cash benefit programs for income maintenance (often called “General Assistance” in the state context, but which may exist under other names)
- Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”)
- Section 8 Housing Assistance under the Housing Choice Voucher Program
- Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
- Public Housing under Section 9 the Housing Act of 1937, 42 U.S.C. 1437 et seq.
- Federally funded Medicaid (with certain exclusions)
A Public Charge inadmissibility determination is Prospective in nature. That means, if DHS determines that an alien can or may become a Public Charge at some time in the future, the alien could be considered inadmissible.
This draconian approach to U.S. immigration is punitive and un-American.
Steve Miller and Ken Cuccinelli are the most destructive and negative influences in the Trump administration. They are determined to reduce U.S. legal immigration by 50%.
A USCIS Officer can make a unilateral determination regarding a Public Charge by considering the applicant’s:
- Family status;
- Assets, resources, and financial status;
- Education and skills;
- Prospective immigration status;
- Expected period of admission; and
- Sufficient Form I-864, when required under Section 212(a)(4)(C) or (D) of the INA.
These arbitrary factors will generally weigh heavily in favor of finding that an alien is more than likely to become a public charge at some time in the future.
There is an option for an alien deemed to be inadmissible by posting an immigration bond.
This anti-immigration administration must be eliminated and we must return to a humane and compassionate approach to legal U.S. immigration.
For additional information, and for a free copy of our Newsletter contact:
American Immigration Attorneys, PLLC