Biden rescinds Trump’s public charge rule

This week I got a call from a client who was worried that we received a Request for Evidence from the USCIS advising us to submit Form I- 944, Declaration of Self Sufficiency. This form asks for a lot of evidence and information pertaining to my client’s ability to support himself, thus not becoming a liability to the US government. I told my client that we will be responding to the RFE in due time but to wait a little bit since I am hopeful the policy covering such RFE might change.

True enough, on March 9, 2022, the US Citizenship and Immigration Services announced it will no longer require applicants and petitioners to provide information showing their financial standing as part of the requirements for a greencard application. That rule was promulgated and enforced during the Trump administration to place the burden on the applicant to provide proof that he won’t become a public charge.

As how the rule was then implemented, applicants need to prove they have health insurance, assets, savings, formal education, English proficiency, professional licenses, credit reports as well as a statement whether or not they received public benefits. When this rule was proposed, I wrote here in this weekly column that this is such an oppressive, anti-poor and anti-immigrant policy under the guise of implementing the public charge rule. I noted then at the time that immigrants, by the very nature of their status and inherent legal incapacities, won’t be able to meet the standards under this rule. One glaring example is that of a spouse of US citizen applying for a greencard here in the US under the adjustment of status route. If that spouse came to the US using a tourist visa, she would not have a Social Security number. Without this, she wouldn’t be able to work, open a bank account, be placed under her spouse’s health insurance, have credit reports and score, and wouldn’t own assets. Under such rule, she would need to submit the Form I-944, Declaration of Self Sufficiency and there being nothing to provide under this form, most likely, her greencard application would have been denied.

This was a very controversial policy and I predicted then that lawsuits will be filed challenging this scheme. Cases reached all the way to the Supreme Court which ultimately dropped all of those when the new Biden administration decided that it has no interest in defending these cases.

My client was so elated with this latest development just like the vast number of applicants and petitioners who are similarly situated. It was time for compassion and common sense to triumph.

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The other night I was helping an elderly couple, both in their late eighties, in scheduling an appointment for their COVID vaccines. It took me more than an hour to wait for a couple of open slots. Finally, I was able to book them their appointment dates in the first week of May.

That exercise brought me a few realizations. The elderly, are clearly disadvantaged in the race to obtain a COVID vaccine shot due to the following reasons:

1.) Most of them are not computer savvy

2.) They do not know how to navigate the portal and when is the best time to log in and make the appointment

3.) They do not have the time and the patience to sit for long hours until the wee hours of the morning before the computer and wait until a spot opens up

There must be a volunteer support group to assist the elderly in scheduling their vaccine appointments. If these old folks, living in the richest country on earth, have such difficulties, what more to the aged, infirmed, and disabled in the Philippines?