A video to capture my thoughts about the new changes coming regarding public charge which will be the new guidelines by mid October.
August 13, 2019
August 13, 2019 at 7:03 am
So those changes will be impacted on the current green card holders ??? Or no ?
August 13, 2019 at 1:20 pm
Yes – when those GC holders want to become citizens…
August 13, 2019 at 3:12 pm
It’s been a pretty long time.
As per the law the current GC holders are not affected.
Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (Green Card) is inadmissible if the individual, “at the time of application for admission or adjustment of status, is likely at any time to become a public charge.” Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.
Is there an amendment to this ?
August 13, 2019 at 3:57 pm
Whilst public charge is not “technically” a problem for naturalization, in practice it can be. Applicants can be asked questions about use of benefits, and if there are concerns about possible fraudulent use, or fraud when obtaining the Green Card, then a person can be denied for naturalization under moral character grounds. Frankly, in this changing landscape for immigration in general, and until intelligence returns to the Whitehouse, I would rather tell people to assume there is a concern – and make people set a realistic plan in place and perhaps take an extra job rather than taking public assistance.
August 13, 2019 at 7:07 am
What if someone sponsoring you is a friend not a family will it still be hard for a dvlottery winner?
August 13, 2019 at 1:25 pm
That is OK – as long as there is some “relationship”. It can’t be someone you don’t know.
August 13, 2019 at 7:24 am
I’m from Eu and I have been selected for dv lottery 2020.
I don’t have a job cause I’m studying a professional course and I’ll finish next June but I have 50k that my parents have given me over the years .
1)Do you think this is okay or I need to pass this test during interview?
2)I have also my mother’s cousin who live in New York and he is a citizen.
Do you think is better if he complete ds 134 form for me? Please reply me. Thank u
August 13, 2019 at 9:57 am
I have also only high school diploma, is it okay? Or is it changed also this requirement?
August 13, 2019 at 1:48 pm
It should be OK
August 13, 2019 at 1:33 pm
1. That should be OK, but an I-134 is safer.
2. Yes get the I-134. Show that and savings at the interview.
August 13, 2019 at 7:36 am
I won the DV lottery last year and just did an activation trip for my Green Card and will move to the US next year, will this affect me at all?
August 13, 2019 at 1:34 pm
Only if you use those programs. Have a good plan, and that should not be a problem.
August 13, 2019 at 7:42 am
Will this affect poor European countries that didn’t needed sponsor so far?
That is likely, yes.
August 14, 2019 at 8:29 am
Could you give an example some of these European countries ?
August 14, 2019 at 10:14 am
Just a matter of common sense. Immigrants from Western EU (such as the UK or Germany) will typically be “wealthier” (and whiter in Trump’s eyes)
August 15, 2019 at 7:57 am
hahah )) thanks Brit
August 13, 2019 at 7:48 am
The rule means many green card and visa applicants could be turned down if they have low incomes or little education because they’d be deemed more likely to need government assistance in the future.
I copied above quote from cnn news but found nothing in USCIS news about little education. does this affect people who are graduated from high school/secondary school/vocational or whatever you call it? Are these schools considered little education for Trump administration? I’m a high school graduate which was enough for DV Lottery application last year. I hope it doesn’t affect people.
August 13, 2019 at 1:36 pm
It is all quite “subjective” – more so than before. But there are not clear standards drawn for what is considered “good” education.
August 13, 2019 at 8:10 am
I received my green card in the 9/2017 and I had benefited Medicaid for 2 months after receiving the green card which is until I had a job and insurance. I got married this week with a non-citizen person and we were planning to start an application to get her a green card. Now will my previous use of Medicaid effect my wife’s green card application in the future? She is a student in the US and she has never become a public charge. That’s only me that used Medicaid for two months but since she will be a dependent on me I worry they check my public charge history too.
August 13, 2019 at 1:39 pm
There will be a formula applied that will assess the number of months you were getting one of the public assistance. The formula is based on 12 months use within 36 months. So – if you only received medicaid for 2 months, it should not be a problem BUT you need to be careful to demonstrate good self reliance after that point.
August 13, 2019 at 8:50 am
Me and my family are living in USA for a month and two weeks now. We are using both food stamps and Medicare. Is it going to be a problem? Do we need to quit getting this benefits? Please let me know!
August 13, 2019 at 1:46 pm
You were supposed to have gone to the USA with a plan to be self sufficient. You need to get off that assistance as soon as possible – so find extra work if you have to. You are accruing 2 benefits toward the formula they apply – which is 12 months use within a 36 month period. But because you are using two of those you are accruing 2 points against yourself every month that passes. So – I am not saying stop using those benefits today – but get yourself out of that situation as fast as possible. There are plenty of jobs available for those that want them.
August 14, 2019 at 8:57 am
Thank you Brit.
August 13, 2019 at 10:11 am
this worries me a bit. Please share some thoughts on my situation: I am a DV2020 selectee from Bucharest, Romania (CN 32XXX) and intend to emigrate with my wife to the US next year. We have never been in the US before so obviously we did not use any social welfare program and never intend to do so in the future. About us:
me – 29yo; master degree in economics; worked though solely in the IT sector for 7 years; currently employed as a senior network engineer;
wife – 28yo; master degree in economics; 6 1/2 years of work experience in accounting; currently employed as an accounting expert;
At the time of the interview we intend to present the following assets:
* some 20-23k USD in the bank
* 2 cars worth some 30k USD (I intend to get an official appraisal by a company that deals with this and get it translated; will be sold the second we’re out of the embassy)
* 1 apartment worth 90-100k USD (no mortgage; I intend to get an appraisal and translation, however we do not wish to sell it or put it up for rent, as we consider it to be our safety net in case something goes horribly wrong in the US. I doubt it but one can never know for sure).
1. Would this be enough to convince the CO that we will not become a public charge even with these new guidelines ?
2. My friend in the US that will host us initially, an ex-schoolmate currently working as a lawyer has offered to provide us an affidavit of support which I initially refused since I deemed it unnecessary. Should I reconsider and do it the just to be on the safe side?
3. Should I take a bit of a risk and sell the cars before the interview? I know that officially you are asked not to do this but at the same time I’m not sure how convincing physical assets and the corresponding appraisals are for a CO generally.
4. Our only liabilities are 2 short term bank loans (5y) worth about 12-14k USD. Are bank loans also required to be disclosed at the interview ? If so, how do they affect your case ? I couldn’t find any information about this.
Many thanks for your time and effort !
August 13, 2019 at 1:51 pm
The car and house appraisals are pointless.
1. Probably. Your savings, education and careers all are positives.
2. Yes. (to be overprepared)
4. No impact.
August 13, 2019 at 10:50 am
Will this affect dv lottery winners who might be applying for government financial aid as educational loans?
August 13, 2019 at 1:55 pm
August 13, 2019 at 3:06 pm
Thanks for sharing this video.
I was wondering how do you think this will affect those applying for AOS? My husband is a DV-2020 selectee from Europe (but not from a wealthy country).
My husband and I are both on an F1 status, he just graduated with his masters degree and is starting to look for a job (he’s waiting for his OPT card too). I’m currently in a doctorate degree program and have a private loan for that. Do you think providing bank statements of around $25k will be sufficient? Or should we consider filing the i-134 form as well?
Also, what about showing proof that I have the private loan (I have all the documentation for that). Or showing proof that we do not have a balance on our school accounts of proof of paying rent?
Thank you for all your help in this process!
August 13, 2019 at 4:04 pm
An I-134 is strongly recommended. The loan is debt – not helpful at all.
August 13, 2019 at 4:49 pm
Good day Mr. Simon,
we are DV2020 winners, we are from a country that doesn’t need a sponsor, only a mailing address for our green cards to be delivered. Do we need to fill the form i134?
August 13, 2019 at 5:43 pm
“we are from a country that doesn’t need a sponsor”
No you’re not. That is a bad assumption.
The I-134 is always recommended.
August 13, 2019 at 9:47 pm
August 13, 2019 at 5:20 pm
1.Hi Brit I would like to know if after showing an i-134 is education requirements still a necessity …
2. do u have to show only your highest qualification ?
August 13, 2019 at 5:42 pm
2. No – be prepared to show everything from age 12 and up.
August 14, 2019 at 1:03 pm
first of all thanks for your answers on the previous questions.
Reading various comments here I noticed this “be prepared to show everything from age 12 and up” -> huh?!?
I presume that I misunderstood the “secondary level or above” requirement in the DS260 form. Both me and my wife listed solely the high-school (classes 9-12; last 4 years out of total 12); and twice the university (once for bachelor, 2nd for master).
1. Do I need ask KCC to open the DS260 form and add 5-8th class as well ?
2. Or is this solely required for people that have not attended university ?
August 14, 2019 at 2:42 pm
1. No – what you have could be enough – but systems vary throughout the world.
August 13, 2019 at 5:55 pm
I am a winner of the 2020 Visa lottery.
I have been facing some challenges in filling out my DS-260 form.
When I log in on the CEAC website with my case number, another page opens up for me to fill out my surname, date of birth, electronic diversity visa confirmation number among others.
My question is what is the “electronic diversity visa confirmation number”? I usually insert 20206ASxxxxxxNZQ which is the code I used to access my letter.
Also, after I have filled out the form and clicked the continue button it always opens up another page with “your request cannot be processed at this time on it”. I have as a result not been able to fill out my DS-260 forms. Why does this keep happening?
Yours assistance would be very much appreciated.
August 14, 2019 at 1:26 am
The system may be experienced technical problems. Try again in a few days.
August 14, 2019 at 11:26 am
the page times itself out. if you take too long on one page, it will automatically time out and take you back to signing in again.
Keep saving your work if it takes you longer on that page.
Hope this helps.
August 20, 2019 at 5:39 am
Hi Nana we were also facing same problem but we have been able to do it , firstname.lastname@example.org
August 13, 2019 at 6:44 pm
I’m a dv2019 winner and my visa is issued last July, I’m planning to travel to USA later in November.
Should I travel before the mid October to avoid any issue in the entry port or there won’t be any impact of this new rule as my visa is already issued.
I have a sponsor with the i-134 form.
Thanks for your efforts
August 14, 2019 at 1:36 am
No need to rush. But when you arive, arrive with a solid plan to be self sufficient.
August 13, 2019 at 9:02 pm
Hello mr brit
In this can effected dv wining who issued visa but didn t travling yet
August 14, 2019 at 1:47 am
August 13, 2019 at 9:15 pm
Hello Brit,thanks for your guidance.my husband and I have got our Visas. May the Almighty God richly bless you.
(1) My question is, can we open a joint account together in bank of America?
(2) how does it go like when removing money from the bank. Do we both sign before money can be released to Us?
2. That is up to you to arrange with the bank. Normally only one signature is needed.
August 13, 2019 at 10:35 pm
Im scheduled for the interview at the end of August, my question is , if the new public charge Will affect my case?
I already have a sponsor.
Thanks you in advance
August 13, 2019 at 11:57 pm
Hello Brit,I am Dv winner 2019 with my Dv visa in my passport,i will be moving to the states very soon.I read something about Mobile Passport and it tickles me little to ask if it advisable to use the Mobile passport at the Port of Entry to submit my passport and custom info.My question, ask an immigrant traveler with no experience is it safe for me to use the mobile passport at the POE and again is the Mobile passport eligible for international travelers entering the unite states.THANK YOU SIR.
August 14, 2019 at 1:53 am
I don’t know anything about that.
August 14, 2019 at 6:10 am
Hi brit is this affect a person who have sponser (a freind) in the US and is this possible to affect the process of dv lottery
August 14, 2019 at 6:19 am
As I say in the video – yes and no. Please review the video.
August 14, 2019 at 7:04 am
My mom works abroad as a doctor and we pay around 6,000 dollars taxes on her income and, i did my own research on the internet and found out that if we buy health insurance premiums out of our own pockets we can deduct it on our taxes, is that true?
August 14, 2019 at 10:05 am
It depends. Ask a tax advisor for your scenario.
August 14, 2019 at 9:51 am
I’m a winner of dv2020 africa region.
Please give us more detail about Africa region because it will be the most affected.
I’m actually very worried about these new procedures !
What will be added to the required documents for the day of interview?
A friend of mine is in the USA and he went there by dv programe too. Can he be work as my sponsor in case they asked for one on the day of interview ?
Thank you very much for all your help, sir.
August 14, 2019 at 10:24 am
August 14, 2019 at 10:59 am
I have some relatives who are american citizens, My uncle(my father’s brother), aunt(not legally married) and a couple of cousins (6) who most of them are already leaving on their own. i presume they are all on my uncle’s aggregate. My uncle and aunt now leave on their own, My question is as follow:
1. Should i ask for I-134 to my uncle or to one of my cousins.
Ps. none of them are married so far.
Thank you so much
August 14, 2019 at 11:22 am
Read about the I-134 then decide.
August 14, 2019 at 11:46 am
What about the countries who are not being asked for Sponsores, do you think there is no effects for them ?
August 14, 2019 at 2:35 pm
WE have already seen procedures change in some countries, and in general there will be more scrutiny about public charge.
August 14, 2019 at 12:27 pm
Many thanks for your efforts in helping people.
Q.1 For DV cases, is it the Form i-134, i-864 or both that is required to be presented at your interview? a lil confused on this.
Five yrs ago, my wife and I won the Dv lottery but got denied on the grounds that marriage not convincing enough. This time I have won again (DV2019AF45xxx). Previously she carried my surename, but we both agreed (when playing in 2017) she should bear her father’s surname.
Q2. Is there smth I should worry about on this?
Q.3 Pls advise what additional things that you think should be top of our preparedness or concerns as we prepare for interview 1st half in Sept 2019.
August 14, 2019 at 2:40 pm
2. No problem – if that is correct.
3. Read the instructions.
August 14, 2019 at 12:39 pm
Just for info. do you have any idea why the Visa Bulletin for September is nor release yet.
Do we expect any new surprise 🙂 ?
It’s not late.
August 14, 2019 at 2:11 pm
Is premium tax credit for health insurance considered as a public charge matter?
August 14, 2019 at 2:45 pm
August 14, 2019 at 5:06 pm
hi Simon, in December 2018 i was diagnoses with pneumothorax, i was’t lucky enough i was in my job at 4:00 pm in NJ and i live in NY, my commute is go and come back through the GW bridge daily, from NY to NJ 1:30 hr driving every single day.
after 1 month in NJ hospital and even tho i have medicaid insurance in NY my bill was $100K , because insurance cover emergencies only rest of test’s analysis ..etc considered as out of network.
how can a new DV immigrant struggling to survive to pay for private health insurance, you talking about thousands of dollars. i work in small company they don’t provide insurance and i can’t afford to pay for my self and my wife 1K a month it’s not cheap system so trump have rights to blame the New immigrants not paying for healthcare, i did not find a job that will cover myself and family and i have refuse it, even if you small business owner/self employment it’s much more expensive,
what kind of plans you talking about, they only realistic plans is to lower the medical premium so be people can afford paying $50 to $100 a month plus our monthly expenses,
trump has one point right, some people take advantage of the system food stamps, cash assistant but the fact is not everyone some people really need help, healthcare it’s big expenses not easy to have if your job did not cover you and family,
i was a victim of this healthcare system i’m still struggling to pay my medical bills not to mention the stress and now Mr.trump want to play with our citizenship rights
August 15, 2019 at 4:09 am
I think you are mixing up various points.
1. Yes the healthcare cost in this country are ridiculously high. BUT since the actual spend is $10,000 per person in the USA, it is simply not realistic to expect to pay $50 to $100 per month. Countries that have “free” healthcare charge way more than that in payroll taxes etc.
2. You made a bad decision to use medicaid. It’s a very basic policy where many costs can be passed to you, as you found out to your cost. You gambled, you lost, you have no one to blame apart from yourself. It was your decision. A proper healthcare plan would not have passed $100k of costs to you.
3. Blaming immigrants for rising healthcare costs is so obviously a flawed argument that not even Trump is trying to get away with that gem. He is simply trying to deter immigrants, especially ones of different skin color. It has nothing to do with cost control – this idiot has created the biggest deficit seen in years, the stock market is doing worse under him than any of the last 5 presidents, and the tariffs have had the predictable effect that everyone knew would happen except Trump.
August 15, 2019 at 6:27 am
yes the stock market went down 800 point, the future is dark with trump and a lot of dept store are closing not because of the internet era and amazon …etc there are no demands a lot of analyst says there will be recession in the horizon,
i hope this tough days pass fast
August 15, 2019 at 1:40 am
Hi Mr Simon, its me again…
Is it mandatory for the sponsor to have a green card or be a US citizen? Thanks.
August 15, 2019 at 4:23 am
Pretty much, yes.
August 15, 2019 at 1:14 pm
Hey Brit. I have a few concerns with respect to the new public charge rules.
1. I would like to know, in the likely event they will be implemented, how rich? How much income per year should my greencard holder/citizen sponsor have to cover me for the I-134?
2. Is the I-134 going to be ineffective for those seeking to emigrate through DV lottery? Since the sponsor really need to have a lot of income surpassing the poverty level requirement- which I do not know and would appreciate it very much if you elaborate.
3. What if you pass the age, English level, mental health conditions, but do not have money in the bank and or unable to buy the maximum of $10, 000 bond?
August 15, 2019 at 5:21 pm
2. See 1
3. There is no bond to buy. If you don’t have sufficient savings (or don’t want to risk that the CO has his own idea of how much is “sufficient”), the I-134 satisfies the public charge concern.
August 15, 2019 at 6:21 am
I am here with F1 visa and have a citizen daughter, who is on medicaid. She requires extensive medical treatment. Would this be considered public charge, if I apply for green card?
August 15, 2019 at 5:02 pm
Children’s medicaid is excluded from the new policy.
August 15, 2019 at 1:26 pm
Thank you so much for your helpful info. I am a winner of DV2020 in Asian region. I am living in New York, US with non-immigrant visa and trying to do Adjustment of Status. About this new Public Charge policy for health care, I have been enrolled in “Essential Plan”, which is New York State Health plan for people not eligible for Medicaid. Does it count as Medicaid or not, since it is not government that I am getting help by, but NY State? If that is same criteria as Medicaid I will disqualify, I assume…..If you could share me any idea, I will appreciate it very much! thank you.
August 15, 2019 at 5:22 pm
Use google or the NY pages to answer the question about that plan. I don’t know.
August 15, 2019 at 8:17 pm
Will do. Thank you!
August 16, 2019 at 5:27 pm
I watched the video but do I understand it correctly that this does not affect greencard holders who plan to become citizens? I have received benefits as greencard holder but also plan on applying for citizenship when I am eligible.
August 16, 2019 at 9:04 pm
I only answer DV lottery questions.
August 17, 2019 at 8:23 pm
I understand, however the very first comment on here is
August 13, 2019 at 7:03 am
So those changes will be impacted on the current green card holders ??? Or no ?
August 13, 2019 at 1:20 pm
Yes – when those GC holders want to become citizens…”
I am here through the DV lottery and received help this year due to my partner dying and me having a seven week old baby at the time. Do they they take that into account or is it better not to receive benefits for the three years prior to applying for citizenship?
August 17, 2019 at 8:36 pm
First – the rules are new and the general landscape for immigrants is changing. I can’t predict how things will change in the future.
The comment I made earlier was about the good moral character consideration for naturalization.
If you came here and immediately relied on public assistance, it shows you “lied” or misled that you would not become a public charge. If on the other hand the reasons were beyond your control, that would be more understandable and less of a problem. Every case is different – and therefore difficult to give you a precise answer.
August 17, 2019 at 3:02 am
I have completed high school and currently doing my certificate in early childhood education and care. I have a sponsor in USA his my dads cousin. And I also have some $10000 usd as savings. Will I still be classier public charge or I wont.
Thank you for your reply
August 17, 2019 at 4:21 am
To be safe, get an I-134.
August 18, 2019 at 12:34 am
Will i-134,10k and my high school school be enough right ???…..
August 18, 2019 at 4:25 am
August 18, 2019 at 9:57 am
thank you for all the information around the DV Lottery.
Unfortunately we haven’t been selected yet, but we already try to find all information about the public charge rules.
Reason: We have a disabled child, who will never be able to work in the future.
An attorney on youtube answered on another question that it doesn’t matter what benefits children have used in the past.
Do you have any information, if the public charge test includes the children of the selectee?
August 18, 2019 at 2:36 pm
This is a lottery with a chance of winning around once in 100 or 200 years. It is not worth preparing until you win.
You are confusing the public charge rules between the test for people in the USA that have used public assistance as opposed to the public charge requirements for immigration.
But again – win the lottery first…
August 19, 2019 at 12:38 am
BritSimon follow your website since we was selected for DV 2019. Due to your information we already have our passports with immigrant visas with departure date to the end of November. We plan to fly to friends at the end of visa validity to start the process of obtaining GC and SSN. My doubts are as follows:
1. Can I provide GC delivery address to NJ when flying to Chicago for first 3 initial weeks? There will be no problem with that, I have trusted friends there who will surely receive documents?
2. Can I go to the office and apply for SSNs while I am at a friend’s in Chicago or even later visiting Florida during this stay and provide the delivery address to NJ again?
3. The last question, we plan to move permanently at the end of June 2020 after the end of the son’s school year, it will be a little over 6 months after returning from the first trip in December 2019, will it have any significance later on the border?
Thank you all for the answers and help.
August 19, 2019 at 3:43 am
1. No problem.
2. Possibly. Some SSA offices say no, but the SSN is no longer state specific.
3. No problem.
August 19, 2019 at 3:39 am
Please I am worried and olease guve me an answer. We came on green cards by dv lottery 5 months ago and we applied for Charity care which covered our hospital bill. So we have charity for a year till june 2020. Will this have any negative effect on our green cards or in the future? Should I cancel my charity if possible? Thank you very much
August 19, 2019 at 6:07 am
I am a derivate from my wife in DV2020. CN2020EU17xxx.
First of all i just read the above information an in the section it says:
The final rule sets the minimum bond amount at $8,100; the actual bond amount would be dependent on the alien’s circumstances.
Does it mean that for each winner we should proof to have a minimim of 8100 dollar in cash.
If Yes, we need to proof it during the interview or there is a specific document needed to be filled.?
August 19, 2019 at 12:46 pm
The bond is not applicable in DV cases. However, the public charge requirement has always existed for DV cases, so a DV case should ideally have an I-134 to show at the interview.
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