Immigration Update: August 2018

Proposed Stronger Test for “Public Charge”

This month the Department of Homeland Security has proposed a stricter test to determine if an applicant for a “Green Card” and certain other visas will become a public charge.  A public charge is primarily dependent on the government for subsistence as demonstrated by receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.  Those determined to be a public charge are inadmissible to the United States.

The proposed rule would create a broader definition of public charge, including those who have received cash and non-cash benefits, including Medicaid (with certain exceptions).  The new rule also gives wider discretion to immigration officers to determine whether an individual might become a public charge depending on age, health, family size, education, skills, income, assets and other factors.

Removal Proceedings for Certain “Green Card” Applicants Denied Adjustment of Status

Beginning in October, USCIS plans to initiate removal proceedings against adjustment of status applicants whose applications are denied, and who have no other underlying nonimmigrant status in the United States.  Those adjusting status based on employer petitions are not subject to the new policy at this time.

Premium Processing Fee Increase

USCIS’ fee for premium processing services will increase to $1,410, effective October 1, 2018.

Diversity Visa Lottery Set to Open

Fiscal year 2020 diversity visa lottery entrants will have from Wednesday 3, 2018 to Tuesday, November 6, 2018 to register online.  Those planning to enter the lottery should be sure to confirm their use of the official State Department website.