Public Charge Rule Challenge

Recently there have been some new developments in the Public Charge Rule proposed by the Trump administration. In three separate states, federal judges have blocked the changes. The Public Charge Rule was set to take effect on October 15th.

The rule changes will make it more difficult than ever for immigrants to secure green cards in the United States. Under the rule changes President Trump proposes, visas would be harder than ever to secure for immigrant families.

The rule ignited several lawsuits against the administration, and so far, three circuit court federal judges in New York, Vermont, and Connecticut have blocked the proposed rule from taking effect.

A Brief Update of the Public Charge Rule Challenge

Over a dozen attorney’s general offices have taken up the fight to prevent the proposed public charge rule changes. 13 states have filed lawsuits against the public charge rule including Virginia, Colorado, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico and Rhode Island, so far three of the circuit court judges in those jurisdictions have issued injunctions to keep the rule from moving forward.

These states have filed lawsuits citing the prejudiced nature of the proposed changes. The rule change would prevent people without substantial income from entering the United States. Many groups agree that that Magnificent Lady on Ellis Island with her outstretched arms welcoming immigrants does not mean “only if you have money.”

Lawyers from several agencies and state attorney general’s offices have filed in federal courts around the country to stop the rule changes and have thus far been successful.

Unfortunately, the recent developments did not stop President Trump from finding new ways to block immigration rights. The President signed a proclamation taking effect on November 3rd, 2019 that declared any immigrant coming to the US would have to either provide proof of health insurance provide proof that they could pay for health care should they need it.

Immigrants to the US now must be able to prove that they could pay for “reasonably foreseeable health care costs”. It is likely that this rule will be challenged. A lawsuit against the administration is likely forthcoming.

It is expected that as long as this administration is in charge true immigration reform will never happen, and we likely will continue to have to do battle in federal court to secure American immigration rights and fight tooth and nail to help good people secure the immigrant visa that they need.

Our law office delivers the focused representation that you need to become a lawful permanent resident, avoid being deported, and get the work-based visa that you need to make a better life for yourself and your family.

A String of Attempts to Deny Entry to the United States

This administration’s immigration policies have had the undertone of keeping people out of the US. From the Dream Act debacle to declaring a national emergency to shore up border security and build a wall, every immigration policy is under fire. 

Attorneys that are experts in immigration policy, and have experience in immigration, can help. Our law office focuses on helping people in a wide range of immigration status cases.

This is a time of zero tolerance when it comes to illegal immigration. The Department of Homeland Security Immigration and customs enforcement (ICE) are utilizing immigration enforcement at an all-time high. They are following immigration law to the letter of the law, which means more and more immigrants are under fire.

 In today’s climate, whether you are a low skilled worker, seeking protected status, skilled workers, or fall into any of the other visa categories it is critical that you have legal services of an experienced attorney on your side.

What the Rule Change Would Look Like

The current immigration policy already makes it very difficult for anyone to secure visas and avoid losing legal status in the US. The new proposed Public Charge Rule would empower immigration and customs, the department of homeland security and other agencies to deny immigration to the US-based on “Inadmissibility on Public Charge Grounds,”.

Under this new rule, immigration officials would have much more leeway in deciding whether an immigrant of any nationality had the provisions to provide for themselves and be self-sustainable without help from the government. Unfortunately, this new rule would give USCIS more power to deny entry.

The new immigration laws that are proposed would allow immigration officials to use stricter criteria to determine if the immigrant would wind up relying on public funds. This new rule would make it harder for naturalization, to become a permanent resident, and for other immigration status matters.

Who Would This New Rule Affect?

Everyone that plans on immigrating to the US, that is seeking green cards, work authorization, employment-based immigration, asylum seekers, family reunification immigration, and basically anyone that is foreign-born and seeking legal immigration status in the US will be affected. 

If you have a family member that is getting ready to immigrate to the US, you need legal assistance, if you are applying or a change in status, if you need to renew your green card, apply for one of the many immigrant visas, have an immigration court date, or have any other dealings with federal immigration matters, you need an experienced attorney on your side.

The Public Charge Rule Challenge has temporarily been blocked courts but there is simply no way of knowing how this will all play out, but we do know that this is a rule that will greatly impact over a million immigrants in the US. All immigrants, legal immigrants, illegal immigrants, permanent residents, currently are at risk. Make sure your legal documents are in order by contacting our Greensboro NC office today.

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