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How will the changes to the public charge rule impact my EB-5 application?

Now when president Biden ordered changes to the public charge rule, will something change with my EB-5 petition?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The withdrawal of the public charge rule requiring a Form I-944 does not affect your I-526 petition at all. There still is a public charge ground of inadmissibility, but a Form I-944 is no longer required. Furthermore, most EB-5 investors can overcome the public charge ground of inadmissibility on the basis of sufficient income or assets such that they are not likely to rely on the federal government for any means-tested benefits.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    No, your I-526 will continue to wait its processing.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, this is related to the I-485 stage only.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It will not directly impact you except that there will likely be a lot less paperwork and, hopefully, the USCIS can focus on adjudicating benefits instead of looking for ways to deny people.

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    Ying Lu

    Immigration Attorney
    Answered on

    The change to the public charge rule means that you will not need to file the I-944 form when you file your I-485 application.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If anything it will be easier! The public charge rule only affected Adjustment of Status applications (with a similar rule for the Consulate process), not the I-526 petition, and now it''s gone! So, a 17-page form and the mountain of evidence it required are gone with it.