Corporate Immigration Law News

What is it?

On August 14, 2019, the U.S. Department of Homeland Security (“DHS”) published the Inadmissibility on Public Charge Grounds rule (“Public Charge Rule”), which codified the public charge grounds of inadmissibility found in the Immigration and Nationality Act (“INA”) at §212(a)(4). INA §212(a)(4) reads in relevant part: “Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible… In determining whether an alien is inadmissible under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien’s age; health; family status; assets, resources, and financial status; and education and skills.” (Emphasis added)

Who does it apply to?

The Public Charge Rule applies to foreign nationals seeking admission to the United States as either immigrants (permanent residents) or nonimmigrants (temporary workers), applicants for adjustment of status to lawful permanent resident status, and foreign nationals in the United States who apply for a change or extension of their nonimmigrant status.

DHS will only apply the Public Charge Rule to the direct receipt of benefits by a foreign national for their own benefit, or where the foreign national is a listed beneficiary of a public benefit. DHS will also not attribute the receipt of a public benefit by one or more members of the foreign national’s household to the foreign national unless they are also a listed beneficiary of the public benefit. Any income derived from such benefits received by other household members will not be considered as part of the foreign national’s household income.

The Public Charge Rule does not apply to the following groups: U.S. citizens, even if they are related to the foreign national who is subject to the Public Charge rule; Refugees; Asylees; Afghans and Iraqis with special immigrant visas; Certain  nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act; Special immigrant juveniles (“SIJ”); a foreign national (and their spouse and/or children) who received designated public benefits (listed below) who is enlisted in the U.S. armed forces, is serving in active duty, or in any of the Ready Reserve components of the U.S. armed forces; Children, including adopted children, who will acquire U.S. citizenship under INA section 320, 8 USC §1431; or other foreign nationals who DHS has granted a waiver of public charge inadmissibility.

When does it go into effect?

On February 24, 2020, U.S Citizenship & Immigration Services (“USCIS”) will implement the Public Charge Rule, except in Illinois, where the rule remains enjoined by a federal court as of January 30, 2020 . The final rule will apply only to applications and petitions postmarked (or submitted electronically) on or after February 24, 2020.

For full details and a list of forms please click here.

If you have any questions, please do not hesitate to contact Anthony F. Siliato or Scott R. Malyk.

In response to New York State implementing the Driver’s License Access and Privacy Act (Green Light Law), Acting Secretary Chad F. Wolf announced that New York residents will no longer be eligible to apply for or renew their enrollment in certain Trusted Traveler Programs like Global Entry. The law prohibits the Department of Motor Vehicles (DMV) from sharing information with U.S. Department of Homeland Security (DHS), preventing DHS from fully vetting New York residents. The Acting Secretary informed State officials by letter of the change.

“New York’s ‘Green Light Law’ is ill-conceived and the Department is forced to take this action to ensure the integrity of our Trusted Traveler Programs. It’s very clear: this irresponsible action has consequences,” said Acting Secretary Chad Wolf. “An aspect of the law which I’m most concerned about is that it prohibits the DMV from providing ICE and CBP with important data used in law enforcement, trade, travel, and homeland security. ICE uses the information as they investigate and build cases against terrorists, and criminals who commit child sexual exploitation, human trafficking, and financial crimes. Unfortunately, because of this law, they can no longer do that.” Full text of the DHS letter to the State of New York is available online here.

If you have any questions, please do not hesitate to contact Anthony F. Siliato or Scott R. Malyk.