Public Charge - Consular Processing vs AOS (adjustment of status)

[spabhishek]

Hello,

Background:
My priority date for my F-1 (Unmarried Sons and Daughters of U.S. Citizens) Family based green card category is going to become current in the next few months. I am based in India, so I will be applying through consular processing at a US consulate in India.

I would like to seek the forum's opinion on below two questions:

1) I have seen conflicting answers on internet that the new public charge rule (recently enforced in Feb 2020) applies only for adjustment of status (AOS) applicants for green card and not for consular processing.

Based on this link public charge rule doesn't apply for consular processing: https://cliniclegal.org/resources/gr...inal-rule-faqs
However, based on this link, the public charge rule does apply to consular processing applicants: https://www.*********.com/blog/publi...te-department/

Does the new public charge rule apply to Green card applicants like me who apply through consular processing as well.

2) Does past use of public benefits by the sponsor affect the decision on my green card application. I have seen conflicting answers to this as well based on different sources.

Thanks in advance.

[Enub4]

From what I read on your cliniclegal link is that the public charge rule does affect consular processing but at this time the form DS-5540 is not updated yet.

And for your second question the same link has this:

The DOS already amended the FAM in January 2018 to shift the public charge analysis away from the sponsor and onto the intending immigrant

my guess is that as long as the beneficiary is not a public charge or used federal programs, there is no problem.

[newacct]

The DOS says it implemented the public charge rule on February 24. It says visa applicants may be asked to complete DS-5540.

In any case, DHS's public charge rule applies to everyone entering the US, so in theory, DHS can still deny you entry even if DOS gave you a visa, or it can later determine that you were admitted incorrectly.

[spabhishek]

From what I read on your cliniclegal link is that the public charge rule does affect consular processing but at this time the form DS-5540 is not updated yet.

And for your second question the same link has this:

my guess is that as long as the beneficiary is not a public charge or used federal programs, there is no problem.

Thanks for your responses.

Per the ********* link, it says that the sponsor's use of public benefits is considered:

Past use of public benefits by sponsors or members of their household could also be weighed against applicants.

[spabhishek]

I have another question. My mom had applied for this green card for me in F1 category. But she has used public programs. As stated by the ********* article above, her use of public benefits will work agains me. So I was wondering, if it is allowed that some other family member can file an affidavit of support for me, or can it be filed only by my mother.

[angelica]

Per the ********* link, it says that the sponsor's use of public benefits is considered:

I am not sure where they are getting that, but it doesn't seem right. See here, under "Receipt by Dependents":

USCIS only considers the alien to have received a public benefit if the alien is a named beneficiary of the benefit but not where an alien is applying, being certified to receive, or receiving a public benefit on behalf of another person. USCIS does not consider any public benefit received by, requested by, or certified for a U.S. citizen or any relative or household member of the alien.

[Enub4]

I think some blogs use scare tactics for people to pay for their services. When I doubt I always try to find the information directly on the USCIS site. Thanks to angelica for the link.

[spabhishek]

Thanks, all. I was suspecting those to be scare tactics as well.