Applications to Change or Extend Nonimmigrant Status will be closely examined under the new Public Charge Rule.

In a previous blog post, I wrote about the new Public Charge Rule which will go into effect on October 15, 2019. The most immediate effects of this Rule may be felt by applicants who file I-539 applications or I-129 petitions to extend or change their nonimmigrant status on or after this effective date.

According to USCIS, the new Rule will be applied to applications and petitions that are postmarked (or, if applicable, submitted electronically) on or after October 15, 2019. Applications and petitions postmarked (or, if applicable, submitted electronically) before October 15, 2019 will be adjudicated under the prior policy. It is also important to note that regardless of whether the application or petition is filed before, on, or after the effective date, DHS will not consider receipt of public benefits excluded from consideration under the prior policy (for example, Supplemental Nutrition Assistance Program [SNAP] and Medicaid) UNLESS such benefits are received on or after October 15, 2019.  

As set forth in more detail in my previous blog post, the new public charge rule will apply to nonimmigrants in the United States who have received certain designated public benefits INELIGIBLE for change of status or an extension of stay if they received the benefits since obtaining the nonimmigrant status they seek to extend or from which they seek to change. All nonimmigrants who will be seeking to extend or change their non-immigrant status AFTER October 15, 2019 will have to file using the new I-129 and I-539 Applications which have been revised to reflect the new public charge rule.

If you have questions regarding the new public charge rule and whether it will apply to your application to change or extend your nonimmigrant status, call U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation: (954) 385-3111.

Special Note. The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on the information presented in this blog to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced U.S. Immigration Lawyer.

Special Note. The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on the information presented in this blog to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced U.S. Immigration Lawyer.