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Old 09-24-2018, 01:13 PM   #1016
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Join Date: Feb 2004
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Originally Posted by VaderDave View Post
Apparently what is changing is the criteria used to determine public charge, and then actually enforcing it. I just saw an article describing it as "nothing but pure cruelty."
If you read the drop down sections of the link I posted....

A. Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a U.S. Citizenship and Immigration Services (USCIS) officer must consider the following factors when making a public charge determination:

Family status
Financial status
Education and skills
The officer may also consider any affidavit of support filed on behalf of the individual under Section 213A of the INA. Presence or absence of a single factor cannot be the sole criteria for determining inadmissibility as a public charge, (unless that factor is the absence or insufficiency of an affidavit of support when required by the laws and regulations governing a specific immigration benefit, such as certain family-based adjustment of status applications).

In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individualís receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual is likely to become primarily dependent on the government for subsistence as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance. Non-cash benefits that USCIS does not consider are discussed in greater detail below.
There is a lot of officer discretion....which is BAD, and often racially/culturally motivated. White Europeans have much greater difficulty obtaining status than poor third world applicants. The process is corrupt at it's core, and we need it to be black and white (no pun intended) and remove the "discretion" from the officers.

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