Heavily Weighted Positive Factors

    Starting Monday, February 24th, the new Public Charge rule took effect. We have decided to explain this in broader detail, although this does not substitute legal advice. This post will focus on heavily weighted positive factors.

Applicant’s Assets, Resources, and Financial Status

  1. “The applicant has household income, assets, resources, and support (excluding income from illegal activities and from public benefits listed in 8 CFR §212.21(b)) of at least 250% of federal poverty guideline; or
  2. The applicant is work-authorized and currently employed at or above 250% of federal poverty guideline for her household size; or
  3. The alien has “appropriate” private health insurance for the expected period of admission, which excludes subsidies in the form of premium tax credits under the Patient Protection and Affordable Care Act, as amended.”
  1. The simplified version of all of that is that the applicant should be able to prove that they are capable of being financially dependent. This could be proven in a variety of ways, one of those being with income from employment. Obviously, any sort of funds is not valid if obtained in illegal activity or from a public benefit. Another way to prove financial stability is through assets which include checking and savings bank accounts, annuities, stocks, bonds (cash value), certificates of deposit, retirement or educational account, gross cash value of Real Estate holdings and insurance. Additionally, whatever combination of any of these must prove the applicant is above 250% of the federal poverty guideline. The most updated federal poverty guidelines can be found at https://aspe.hhs.gov/poverty-guidelines
  2. Another way to prove financial stability is by proving that the applicant is eligible to work and is currently working. The income of the individual must be at or above 250% of the federal poverty guideline. If the applicant is currently living abroad, proof of a job waiting for you in the United States and the yearly compensation in U.S dollars will also be helpful. 
  3. Lastly, another way to prove financial stability is by having private health insurance. The insurance should be adequate for the individual’s specific health needs in order to prove that the applicant would be covered in case of a medical need. This just demonstrates to USCIS that the applicant is not likely to need Medicaid or other public benefits due to medical bills.

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