good afternoon good afternoon friends
join me live to discuss public charge if
you're out there go ahead give me some
hearts we're gonna dive right into this
video in this video I'm going to speak
about the decision making process that
the government will go through when it
puts you through it's public charge
tests so you want to watch this one
friends
go ahead share this video with your feed
get other people involved in this live
session and for those of you who are
catching this on the replay welcome I
still would love for you to comment
below because I refuse and this video
will be posted on mcbean immigration TV
and on IG TV shortly thereafter but
again friends welcome my name is LaToya
mcmean Pompey and I am an immigration
lawyer here in New York in Long Island
New York and I've been speaking with you
about public charge the government
issued a final rule on Monday just a few
days ago and so I came before you live
on Monday if you have not seen that
video you want to go and watch that
video after this one I'm going to focus
specifically on the public charge test
and then I'm also going to answer the
questions that I've received on YouTube
Facebook and Instagram I've pulled out
very common questions that you guys have
and I'm going to address them in this
brief or short video friends give me
hearts give me likes let me know you're
out there and let's go right to it so
public charge one of the questions that
people seem to ask is when it actually
will take effect what does it affect me
now I have a green card application
pending does it affect me now and so the
answer is actually no this new rule
applies to applications and petitions
that will be filed or postmarked on or
after
October 15 2019 this is the date that
we're currently working with as I
mentioned in my last video
various organizations have already I
believe started strategizing about
filing various lawsuits target in this
public charge
the changes to public charge so we some
of this may you know certainly be
stopped temporarily via injunction and
such in federal court we'll see what
we're watching to see when these
lawsuits will be filed but as of today
we know that this new rule applies to
immigration applications and petitions
that people will file on or on or after
October 15th 2019 now friends you need
to know that there are five new programs
that were added to the public charge
definition the first is non emergency
Medicaid okay non emergency Medicaid the
second new program that's added to this
definition to public charge is food
stamps snap okay the other the third one
is section 8 Housing Choice Voucher
program the fourth is section 8
project-based rental assistance and then
the last one is public house and I've
gotten questions on I believe it's on
YouTube make me an immigration TV about
public housing public housing is part of
this what's happening let's step back
for a moment and look at the big picture
here I had to do this earlier because
it's so complex and there's a lot to
share more videos will be coming from me
about this issue as I break it down for
you but let's just take a little step
back for a moment and think about who
does this actually apply to who are
those people that public charge will
impact so let's just say that there are
two categories of people out there the
first group of people are those who are
outside of the United States who are
applying for a green card
or they're applying for a non-immigrant
visa okay so they're on the outside
looking in and they who are on the
outside looking in or trying to get in
they work with the State Department now
they go to the State Department the u.s.
embassy for their interview and so the
inquiry regarding those people who are
on the outside of our country is
basically are they likely at any time to
become a public charge and so currently
under our law the standard that we that
those embassy people look at to
determine whether these individuals are
likely at anytime to become a public
charge is they're looking at whether
those folks will what one day
potentially primarily become dependent
on a government benefit and that
standard is now refined under this new
rule because previously all those
individuals who are on the outside had
to do was submit an affidavit of support
showing that they have a sponsor here in
the United States and that sponsors
income is enough to sponsor them and
take care of them right now the focus
has been shifted shifted away from your
sponsor to you hope I'm looking in the
right place here friends give me hearts
give me likes let me know you're out
there the focus has now been shifted to
you and so when the focus has shifted to
you under this new rule the government
is going to be looking at a number of
factors to determine whether you really
are likely to become a public charge one
day they're looking at age they're
looking at your health they're looking
at your education your skills I'm going
to they're looking at your family status
I'm going to do another video
specifically focusing on those factors
so that you have a better understanding
of what they're going to be looking at
what that embassy official is going to
be looking at when they're looking at
your application to determine whether
you're going to be a public charge or
not they're looking at all of those
there
and that negative factors right and
they're looking at positive factors what
could be a positive factor well the fact
that if you're here in the United States
you're in the second category but if
you're here and you have private
insurance they look at that if you have
resources financial resources that's a
positive factor so I'm gonna do a video
specifically about those factors so that
you can gear up and prepare yourself in
the effect in the event that this goes
into effect in October now that's the
first group of people those on the
outside looking in and factors will be
weighed and if they don't meet those
factors they would have to post a bond
and we'll talk about that in a second
the second group of people are those who
are here they are here and they are
looking to adjust their status or
they're looking to change their status
from one non-immigrant visa category to
something else or they're looking to
extend their state now they those people
who are here in the US will interact
with USCIS USCIS is going to take them
through a same kind of thought process
and test to determine whether they will
become a public charge but it's slightly
different it's it's mainly the same for
them in terms of the factors those same
factors will be considered for each
individual but the government is going
to be looking very specifically at a
huge negative factor and that negative
factor is whether you who are here in
the United States have already received
one of these public benefits welfare
benefits okay and so that's really what
they are looking at now let me keep
going here hearts likes comments below
and I'm going to keep this going friends
thanks so much for those of you who are
watching I appreciate it now for
adjustment of status for those of you
who are here
and you will file your adjustment of
status application under this new rule
you'll have to submit a declaration that
basically says you are self-sufficient
and I don't think the government is
looking for a one-liner friend or just a
little letter from you indicate and that
you are you will be self-sufficient no
the adjustment of status process will
change meaning that we're gonna need to
do we when I say we lawyers and or
whoever you choose to work with they
will we will need to really work up your
file as if we were doing a waiver
application to demonstrate that you
really have great positive factors and
that you're self-sufficient and here are
all the reasons and evidence and support
and document to prove that you in fact
will be self-sufficient so it changes
for those of you who are seeking to
adjust your status and that you have to
prove more you have to show more to the
government that you are able to take
care of yourself again the focus has
shifted away from your sponsor and it is
shifted to you burden is on you now now
if you fail this test if you fail
whether you're outside the US or here in
the United States if you fail this
public charge test the government will
ask you for money they will ask you for
a bond you'd have to put up a bond and
with respect to this bond the minimum
bond amount is eight thousand one
hundred dollars and they're going to
hold you to this for quite a bit of time
they're going to hold you to this bond
until you either die you become a lawful
permanent resident you've been a lawful
permanent resident for five years or you
have naturalized you've obtained US
citizenship and so and then there's
maybe one or two other ways that you can
get out of this bond and I'll cover that
in future videos but those are the main
ones that you should know about okay so
that's what I'm gonna say in this video
with respect to new information I'd like
to share with you now I'm going to shift
and answer questions that was submitted
to me on mcbean immigration TV and also
on Facebook and Instagram okay on
YouTube broken heart asked he says that
he had or he or she I don't know he or
she has been a green card holder for six
years and would like to apply for
citizenship
well her it's a woman well her
application be affected if her and her
daughter have insurance through Medicaid
and so the answer is no because this
does not apply to those who already have
a green card okay does not apply to you
if you're seeking US citizenship but you
need to be careful about this one thing
friends you green card holders listen up
listen up green card holders if you
leave the country and you are gone for
more than 180 days because you forgot
that you really need to be careful about
how long you stay outside of the country
when you travel
so let's if you stay outside the country
for more than 180 days friends and you
show up at JFK Airport or Miami Airport
International Airport the government
will consider you as a person who is
seeking admission to the United States
even though you already have your green
card your a lawful permanent resident
and so they can treat you very
differently with respect to public
charge at that point so be careful about
your travel okay next twenty twenty
Davidson asked well this new public
charge affects me if I already have a
green card no I got this question a lot
the answer is no now then let's move on
another question about the green card
he's already filed for citizenship he's
been here for over five years will this
apply to him the answer is no let's see
how Shu Tao Shu asks can Medicaid user
can can Medicaid user get impacted be
impacted by this public charge
if the person is applying for a green
card and the answer is yes
Medicaid real quickly about Medicaid
Medicaid has many different parts to it
okay now there are certain parts of
Medicaid coverage or Medicaid benefits
that are excluded there outside of this
this is what's it excluded meaning if
you have this these any of these
benefits under Medicaid you should be
fine
what's excluded under Medicaid is that
is emergency Medicaid certain disability
services related to education school
based services or benefits to children
below the age set for secondary school
education benefits received while under
21 and pregnancy benefits include in 60
days post pregnancy if you are accessing
any of those specific Medicaid programs
then you should be fine
but generally speaking any other
Medicaid that you're receiving is under
public charge okay next question next
question comes from Hyde in Hyden 35
does this apply to a green card holder a
Justin status to become a US citizen
what Hyden means is you know a green
card holder who is applying to become a
citizen again the answer is no Labine
matthew asked how about a green card
renewal for elderly no let's see mr.
Hamid says should we dis enroll in
public assistance what should we do well
first of all I cannot provide you with
legal advice I'm giving you my tips here
and information it what the decision
about whether to disenroll or get off
get out of the program is yours and it's
a personal decision between you and your
family so that is a decision you will
have to make I don't know enough about
your overall picture I don't know much
about you what programs specifically
you're in but public assist
is part of public charge of course but I
would say to you seek legal advice
regarding that I cannot give you that
advice without knowing more information
now let's keep going
Mercedes Robinson asked
I got a Medicaid card for emergency
services at the hospital but never used
it does this rule applied no again
emergency Medicaid is excluded from this
Safran Safran asked us this rule impact
in 400 which is the naturalization
application no does not impact that
let's keep going
Marco asked if you have already applied
for your green card before October are
you subject to this rule no the answer
is no it's not going to be retroactive
Lee applied okay let's jump over to
Instagram didn't get that many questions
on Instagram but Miriam asked does
public charge include people who already
have a green card no and then she asked
does low income houses include as public
charge low-income house is part of this
but again if this does not apply to
green card holders but section 8 and
public housing is part of the programs
that's included under public charge
Facebook I received a question from
Erica brown she says that her children
are accepting free school meals they
have a green card will this affect them
no again first you just as I've
mentioned in my earlier video from a few
days ago first of all the immigrant the
government is looking at the immigrant
who is the beneficiary or the recipient
directly receive you're receiving the
benefits of this program right the
servant not serviced by program you have
to be the direct beneficiary okay and
that's what they're concerned about but
if your children are receiving services
or programs the government will not hold
you accountable for that necessarily
they're not going to hold you to it it
you would have to be the direct
recipient or beneficiary of it those
were great questions that I received I'm
still going through some questions if
you have additional questions that I did
not cover in this video please comment
below so that I could respond to those
questions in upcoming videos also I'm
going to be sending out an email I want
to say over the next few days actually
about public charge and I'll get into a
lot more details in my email so friends
if you're not on my email list you want
to get on it the link is in this post
and if you're watching on YouTube the
link is in the description box below so
get on my email list that's where I
share a lot more free tips and tools to
those of you who are following me for
all my fans out there thank you so much
I hit twenty five thousand subscribers
today on YouTube and I'm elated not
because of that big number that that we
hit but I'm elated by the fact that you
a few a few the loyal ones have been
with me and sharing my stuff I so
appreciate you I'm not concerned about
the big number
I just I'm grateful to those of you who
are sharing my stuff with others and
helping to empower your friends and your
family I appreciate you continue to
share the stuff this material my
materials with others and friends I will
see you in the next one bye bye