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2019-10-11
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Visas: Ineligibility Based on Public Charge Grounds
Part III
Rules and Regulations
D09002ee1bdb6c111
D09002ee1bdb6c1d7
United States
Department of State
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United States Government Agency or Subagency
This final rule amends Department of State (``Department'') regulations by prescribing how consular officers will determine whether an alien is ineligible for a visa under the Immigration and Nationality Act (``INA''), because he or she is likely at any time to become a public charge. Aliens who seek a visa, application for admission, or adjustment of status must establish that they are not likely at any time to become a public charge, unless Congress has expressly exempted them from this ground of ineligibility or if the alien obtained a waiver. This interim final rule adds certain definitions, including definitions of public charge, public benefit, alien's household, and receipt of public benefit. This interim final rule reflects the Department's interpretation of the pertinent section of the INA as it applies to visa applicants. This rulemaking is also intended to align the Department's standards with those of the Department of Homeland Security, to avoid situations where a consular officer will evaluate an alien's circumstances and conclude that the alien is not likely at any time to become a public charge, only for the Department of Homeland Security to evaluate the same alien when he seeks admission to the United States on the visa issued by the Department of State and finds the alien inadmissible on public charge grounds under the same facts. The Department is also removing the reference to fee collection for review and assistance with submitting an affidavit of support at consular posts as consular posts do not collect this fee, and an obsolete process related to bonds.
84 FR 54996
https://www.govinfo.gov/app/details/FR-2019-10-11/2019-22399
2019-22399
fr11oc19-10
RIN 1400-AE87
4710-06-P
Public Notice: 10922
https://www.govinfo.gov/app/details/FR-2019-10-11/2019-22399
https://www.govinfo.gov/content/pkg/FR-2019-10-11/html/2019-22399.htm
https://www.govinfo.gov/content/pkg/FR-2019-10-11/pdf/2019-22399.pdf
Administrative Practice and Procedure
Foreign Relations
Passports and Visas
Aliens
20 p.
54996
55015
84 FR 54996
Code of Federal Regulations
Title 22 Part 40
22 CFR Part 40
Regulation Identification Number 1400-AE87
RIN 1400-AE87
Visas: Ineligibility Based on Public Charge Grounds; Federal Register Vol. 84, Issue
RULE
2019-22399
III
DEPARTMENT OF STATE
2019-10-15
2019-11-12
Public Notice: 10922
4710-06-P
2019-22399
Interim final rule; request for public comment.
This final rule amends Department of State (``Department'') regulations by prescribing how consular officers will determine whether an alien is ineligible for a visa under the Immigration and Nationality Act (``INA''), because he or she is likely at any time to become a public charge. Aliens who seek a visa, application for admission, or adjustment of status must establish that they are not likely at any time to become a public charge, unless Congress has expressly exempted them from this ground of ineligibility or if the alien obtained a waiver. This interim final rule adds certain definitions, including definitions of public charge, public benefit, alien's household, and receipt of public benefit. This interim final rule reflects the Department's interpretation of the pertinent section of the INA as it applies to visa applicants. This rulemaking is also intended to align the Department's standards with those of the Department of Homeland Security, to avoid situations where a consular officer will evaluate an alien's circumstances and conclude that the alien is not likely at any time to become a public charge, only for the Department of Homeland Security to evaluate the same alien when he seeks admission to the United States on the visa issued by the Department of State and finds the alien inadmissible on public charge grounds under the same facts. The Department is also removing the reference to fee collection for review and assistance with submitting an affidavit of support at consular posts as consular posts do not collect this fee, and an obsolete process related to bonds.
This interim final rule is effective 12 a.m., Eastern Time, October 15, 2019. The Department of State will accept comments up to November 12, 2019.
Megan Herndon, Deputy Director for Legal Affairs, Visa Services, Bureau of Consular Affairs, Department of State, 600 19th St NW, Washington, DC 20006, (202) 485-7586, VisaRegs@state.gov.
Administrative Practice and Procedure
Foreign Relations
Passports and Visas
Aliens
Visas:
Ineligibility Based on Public Charge Grounds
,
VisaRegs@state.gov
http://www.bls.gov/
http://www.regulations.gov
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https://www.hcch.net/en/instruments/conventions/full-text/?cid=69
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https://www2.census.gov/library/publications/2012/demo/p70-130.pdf
Federal Register
Vol. 84, no. 198
Office of the Federal Register, National Archives and Records Administration
2019-10-11
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Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2019-10-11
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https://www.govinfo.gov/content/pkg/FR-2019-10-11/pdf/FR-2019-10-11.pdf
https://www.govinfo.gov/content/pkg/FR-2019-10-11/xml/FR-2019-10-11.xml
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2019-10-11
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