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public charge rule for green card

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  • public charge rule for green card

    I am US Citizen, and planning to apply green card for my parents a year from now but when I read about trump's Public Charge Rule, I started to think of applying a green card for my parents before October 15 2019 in order to circumvent the public charge rule. I have several questions regarding this one.

    1. I am thinking of 2 options at this point of time:
    a) Ask my parents to come to USA on tourist visa (which they currently have) and apply greeen card before October 15 2019 and stay with me in USA till their green card is approved (I heard this is easier way for them to get a green card, but not sure)
    b) Apply green card before October 2015 while they are in India and ask them to come to USA once their green card is approved.

    which of the options is correct thing to do in order for them to get the green card wihtout much fuss.

    2. When my parents arrive in USA i don't plan on using any of public benefits to my parents and plan to take private medical insurance for them, my dad is 70 and my mom is 65, my dad can barely manage speaking in english and my mom cannot talk in english. My dad is diabetic and they cannot work in USA, so they cannot generate any income for themselves in america but will be dependent on me for thier living but I can take care of them as my household income is more than 200K, once my parents join me in USA we will be a family of 6. Given the criteria that my family has will the immigration authorities consider my parents as people who might use public charge in future (in another words will they be considered as eligible for public charge).

  • #2
    1. a) They will be denied entry if they are suspected of entering the US with the intention of filing for Adjustment of Status during the stay.
    b) If they are doing Consular Processing abroad, I believe they might have to enter the US with their immigrant visa before October 15, 2019 to avoid the new rule. And it is impossible to get their immigrant visas before October 15 if you are filing the I-130 petition now.
    2. Hard to say

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    • #3
      Isn't the rule in case that they get money from the government?

      If you can afford the medical expenses or use private money/direct hospital benefits, then I think you don't need to worry.

      They can travel with tourist visa as long as they don't intend to immigrate, then you can convince them to stay. I understand that you can apply for EAD/AP even if they don't intend to work but with that they can travel back to their country before getting GC if they want. After GC approval they can go back to their country and finish anything pending that they have there (if needed).

      As long as they are not a public charge, they can live in the USA, renew the GC or even apply for Citizenship down the road (you need to support them). They will have 0 problems if they don't use any government program (food, housing, health). At least this is what I understand.
      Nov 2018 - Package sent - EB - Texas Service Center
      Day 1 - Package received at the lockbox
      Day 999 - Card delivered to me - Aug 2021
      ---
      All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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