As we indicated in the article on our blog of January 29 of this year, we will continue to monitor everything related to the Public Load Rule, which began to be applied as of February 24 of this year by the Central Administration. Once the US Supreme Court gave its approval or green light for that purpose, it even began to be applied in the State of Illinois, following a decision of the Supreme Court last Friday.
In this sense, we can say that the Public Charge Rule that already entered into force this Monday, not only affects immigrants living in the US. That is, it also affects immigrants who have obtained one or more public benefits for more than 12 months within a period of 36 months for the use of funds from public assistance programs, if they wish to apply for their residency or other immigration benefits. It also affects those who live abroad and wish to travel as tourists to the US and have no income, whom up to this point, would receive more than enough for their temporary stay here in this country, and they will also have to take into account other factors to consider.
In the recent past, when a tourist arrived on American soil, the Immigration Service made sure they had a return ticket and the money for their stay in our country. Now Immigration can consider age, health, education level, your credit card score, among other considerations to prohibit them from entering the US. In other words, Immigration agents have the power or discretion to deny entry to the US to tourists who are suspected of becoming a public charge in the future. The immigration agent has all the power to apply this rule and his decision is final.
According to pro-immigrant activists, the new regulation discriminates against the elderly, the poor and those with less education. Regarding the position of the Central Administration, he points out that they are ensuring that those who come to the US are self-sufficient and do not end up becoming a burden for the country.
For more information on this topic and others of migratory interest, call us at our telephone numbers indicated on our website.