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What is the impact of public charge on my I-829 application?

I have a pending I-829 filed in June 2018. My son who was dependent in my EB-5 has recently turned 25 and has gone out of my insurance. With the current coronavirus crisis, he has no job/earnings of his own and hence no insurance. In case he takes any government benefits, especially health insurance, will it jeopardize my I-829 for condition removal?

Answers

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    Stephen Berman

    Immigration Attorney
    Answered on

    Removal of condition does not require one to prove he is not likely to become a public charge.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The fact that your son may take any government assistance which is being offered to everybody as a result of COVID-19 is not likely to be a basis for a negative decision against either him or you. The processing of your I-829 should smoothly proceed as much as possible.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Public charge has no impact on an I-829 filing. The purpose of an I-829 petition is to remove conditions on Permanent Residence, which does not subject an I829 petitioner to immigrant admissibility inquiry.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    My understanding is that only initial green card applicants filed after February 2020 are required to do it, not those filing to remove conditions.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not as a public charge is only considered before granting the green card, not after.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Permanent residents are not subject to the new public charge provisions. A conditional permanent resident is a permanent resident.