Trump Administration – Public Charge Rule

The Impact of Public Charge Rule on Immigration: Understanding Your Options

The Public Charge Rule is a policy that has been implemented by the Trump Administration, which greatly expands the list of benefits that can be considered when determining whether someone is likely to become a “public charge” in the future. This rule has had a significant impact on the immigration process, making it more difficult for many individuals to obtain green cards or other forms of legal status. If you or a loved one is affected by this rule and are in the Los Angeles or West Covina area, it is important to understand your rights and options. The Law Firm of Oscar Ischiu, Esq is here to help.

Background on Public Charge Rule

The Public Charge Rule, also known as the “Inadmissibility on Public Charge Grounds” rule, is a policy that was first proposed by the Trump Administration in 2018. The rule expands the definition of “public charge” to include many more benefits that can be considered when determining whether someone is likely to become a public charge in the future. This includes benefits such as Medicaid, food stamps, and housing assistance. The rule also gives immigration officials more discretion when making decisions about whether an individual is likely to become a public charge in the future.

Impact on Immigrants

The Public Charge Rule has had a significant impact on the immigration process. Many immigrants are now afraid to apply for benefits that they are entitled to, for fear that it will negatively impact their chances of obtaining legal status. This has led to many immigrants going without the benefits they need to support themselves and their families. Additionally, the rule has led to confusion and uncertainty among immigrants, as they are not always sure which benefits will be considered when determining whether they are likely to become a public charge in the future.

Examples of Public Charge Rule Impact on Immigrants

One example of how the Public Charge Rule has had a significant impact on the immigration process is in the case of a family of four from Mexico who were seeking to adjust their status from a tourist visa to a green card. The family had been living in the United States for several years and had two young children who were born in the U.S. The parents had been working and paying taxes, but they were living paycheck to paycheck and had applied for Medicaid for their children. This application was used as evidence that they were likely to become a public charge in the future and their application for a green card was denied.

Another example is of a young woman from El Salvador who had fled to the United States to escape violence in her home country. She had applied for asylum and was waiting for a decision. She had also applied for food assistance through SNAP (Supplemental Nutrition Assistance Program) to help her feed herself and her young child. Her application for food assistance was used as evidence that she was likely to become a public charge in the future and her asylum application was denied.

Public Charge Rule Impact on Health and Well-being

The Public Charge Rule has not only had a significant impact on the immigration process but also on the health and well-being of immigrants and their families. Many immigrants are now afraid to apply for benefits that they are entitled to, for fear that it will negatively impact their chances of obtaining legal status. This has led to many immigrants going without the benefits they need to support themselves and their families. Additionally, the rule has led to confusion and uncertainty among immigrants, as they are not always sure which benefits will be considered when determining whether they are likely to become a public charge in the future.

Waivers and Exemptions

While the Public Charge Rule has made it more difficult for many immigrants to obtain legal status, there are still options available for those who are affected by the rule. One option is to apply for a waiver or exemption. In some cases, an individual may be able to demonstrate that their inadmissibility as a public charge would cause extreme hardship to a U.S. citizen or legal permanent resident spouse or parent. Another option is to apply for an exemption, which may be available if the individual is a victim of domestic violence or human trafficking.

Change of Status or Adjustment of Status

Another option for immigrants affected by the Public Charge Rule is to apply for a change of status or adjustment of status. For example, if an individual is in the U.S. on a student or tourist visa, they may be able to change their status to a work visa or apply for a green card through a different category, such as through a job offer or family sponsorship. It is important to note that a change of status or adjustment of status will also be subject to the Public Charge Rule and the individual will need to demonstrate that they are not likely to become a public charge in the future.

Alternative Forms of Relief

There are also other forms of relief available for immigrants affected by the Public Charge Rule, such as Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), and U visa for victims of certain crimes. These options may be available to individuals who are unable to obtain legal status through traditional means.

Best Immigration Lawyer in West Covina

If you or a loved one is affected by the Public Charge Rule and are in the Los Angeles or West Covina area, it is important to understand your rights and options. The Law Firm of Oscar Ischiu, Esq is here to help. Our experienced immigration attorneys will evaluate your case and advise you on the best course of action. We will work with you to gather the necessary documentation and evidence to support your case and will represent you in all immigration proceedings. Contact us today to schedule a consultation and learn more about how we can help you with the Public Charge Rule and your immigration case.