![]() ![]() The states appealed to the Supreme Court, which threw out the case on June 15, 2022. Led by Arizona, the Attorneys General of several states sought to revive the appeals aiming to keep the 2019 public charge rule in place after the 7th Circuit vacated the rule on March 9th. On April 9, 2021, the 9th Circuit Court of Appeals denied Republican states’ efforts to resurrect the 2019 rule. The 2019 DHS rule was halted by the Biden administration on March 9, 2021, while the analogous DOS policy was paused indefinitely on Jdue to a court order. It was met swiftly with multiple challenges from states attorneys general, as well as immigrant and civil rights advocates. This 2019 public charge rule went into effect on Feb. That’s why, for the past two decades, the vast majority of visa applicants have been able to avoid the “public charge” roadblock by submitting a financial sponsor’s Affidavit of Support, accompanied by evidence of meeting the statutory income threshold.ĭuring the Trump administration, DHS announced a new proposed public charge regulation on Septemand published a final regulation on August 14, 2019. That income threshold is defined in statute as 125% of the Federal Poverty Guidelines, currently $21,137 for most couples without children. Second, Congress requires that most green card applicants have a financial sponsor - typically a U.S.-citizen spouse or other family member - who can demonstrate sufficient income to prevent future dependency on government benefits. First, Congress has already barred most immigrants from using welfare, so prior use of these benefits is out of the question. Under this policy, very few immigrants have been denied green cards on public-charge grounds, for two primary reasons.
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