Desiree Koger Gustafson with Immigration for Couples. If you are new to our Facebook page,
we regularly do these live attorney chats to address new developments in the immigration
world as well as questions that we are seeing during consultations and also on our Facebook
page so if you are watching this live, feel free to go ahead and comment um we will see that below
and hopefully address your question if we're able to get to it otherwise we will have a whole
nother session chat just like this one to address questions that you may have so if you are know of
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free to like and share our page certainly if you're watching this on replay comment hashtag
replay you can always ask questions thereafter as well it doesn't have to be live we do go back and
look at those as with the one that we are going to address today. Today, we're going to talk a
little bit more about the public charge rule. Most of you are now aware because we've done a couple
of videos on it. The new public charge rule that came out and was in effect basically in December,
they have switched to all new forms and the forms for the 485, which is the adjustment of status,
those do have an additional section on the form that addresses the public charge
ground of inadmissibility. Additionally, it helps USCIS address that public charge right from the
application itself. We had a recent question about who fills out that section especially when you are
filing a concurrent I-130 as you might do with a parent or even a spouse possibly that's in the US
that is then eligible to apply for adjustment. Know that applicants for adjustment of status
the USCIS must consider certain factors age, health, family status, assets, resources,
financial status, all of those things are the minimum of what USCIS needs to look at and we've
addressed exemptions and non-exempt, people who don't are exempt from having to even file or fill
out that portion of the 485. I've addressed that on a recent video as well so certainly go back to
our web page immigrationforcouples.com and if you click on the resources tab, you will have a whole
host of different videos from us as well that you should be able to find one on the new public
charge rule that goes over what is subject, what's considered an asset, what is considered an issue,
what might be more issue that USCIS might then look into. We addressed all of those things
and so not everyone is non-exempt but if you do have to fill out this portion,
which is the majority of people who are filling out that 485, basically it is addressing the
applicant. The applicant is going to be the one who's going to fill out that section so there's an
emphasis on a couple of different portions. First of all, education basically because any education
or skills can then be possibly transferred to a workforce so that would weigh one factor in favor
of not being a public charge and not becoming a public charge so that is addressed on there
as well. Again, they're looking at the applicant. This really has nothing to do with the sponsor.
If you're still leading a sponsor obviously that person that will be addressed on the Affidavit of
Support so this is really totally separate and it's looking at the applicant themselves one of
the other focuses or emphasis in this new rule, the new section of the form which now everyone
has to use this new addition as of very late December of last year is looking at financial
status. Not only are they looking at your income but they're also looking at what kind of debt,
that way we avoid over-inflating the wealth of that person to know exactly where they stand as
far as their financial status to then determine whether or not they are at risk of becoming a
public charge so. I hope that this has been helpful know that there are other videos out
there that we've done know that the public charge rule is taken in totality of the circumstances so
they try to look at a little bit of everything and you will get an opportunity at possibly an
interview to then if it makes it that far if your application gets that far and the interview is
not waived then you'll have another opportunity to kind of address any of the support types or
public charge of inadmissibility issues that might come up so I hope this has been helpful certainly
go back and look at immigration for couples.com click on that resources Tab and you'll see a whole
bunch of further videos on the public charge of invisibility and even an update as to this
particular rule itself again my name is attorney Desiree thank you for joining us for this live
weekly attorney chat and I will see you here next week at the same time have a great day [Music]