All of the news about the new “public charge” rules is creating a lot of confusion. If you are applying for residency through a family member, you need to know what is MOST important about the new rules, and tune out the rest. So … what is MOST important?
Is it your kids’ Medicaid? No.
Is it your kids’ food stamps? No.
Is it your WIC benefits? No.
(You should not change any of these benefits, if you have them – they do not count against you in the “public charge” determination.)
The answer is kind of boring: It’s your paperwork.
It’s your taxes, your bank statements, your pay stubs, your car insurance, your health insurance, your property and vehicle titles. Boring things like this. And especially your TAXES.
Your TAXES are the way that you communicate to the Federal Government that you are contributing to the national economy and our common good in the USA.
So, it is now more important than ever that your TAXES be CORRECT.
We have noticed that a lot of tax preparers encourage families to claim nieces, nephews, family living abroad – even neighbors – as dependents so as to maximize someone’s tax refund.
Also, we often see tax preparers telling spouses to file as “Head of Household,” when in fact, they are married and living with their spouse.
Doing your taxes like this might give you a bigger tax refund this year, but please know that doing this will likely cause problems for immigrants under the new “public charge” rules.
So, if you are an immigrant seeking legal status or residency in the United States, make sure your taxes are done correctly. Use a reputable tax preparer and make sure they are asking you a lot of questions every year.
And please be patient with your immigration attorneys if we tell you to get your taxes re-done! Our job now is to help you demonstrate your work ethic, your personal ambition, your determination to contribute to the USA. And your taxes will be a key component of how we do that.
If you have questions about how the new rules affect you and your case, please call us at (512) 633-1785 or email us at [email protected].
Want to know what’s GOOD about the new public charge rules?
**The new rules look at the IMMIGRANT’s earning potential, not just the U.S. Citizen petitioner’s.**
The new “Affidavit of Self Sufficiency” will examine the applicant’s work history and earning potential and provide applicants with the opportunity to show what they can contribute to our economy. If you are like most of our clients, you are super hard-working and a good earner for your family, so this is a welcome change as far as we’re concerned.
However, if you’re worried about how the new public charge rules will affect your immigration case, here are five steps you could take to make your “Affidavit of Self Sufficiency” stronger. Please note that all of these options are open to you even if you’re undocumented.
2. Take business classes. The City of Austin Small Business Program provides FREE classes, both online and in person, to help city residents open and launch small businesses. Immigration status is not a barrier to registration. Check out all the classes here: http://www.austintexas.gov/smallbiz. Make sure and keep documentation for all of the classes you take.
3. Start a small business. Dozens of our clients are small business owners and we’ve seen many of them achieve incredible success with restaurants, cleaning businesses, food trailers, retail stores, automotive repairs, and more, in spite of being undocumented. If you have a small business already, make sure it is registered with the Texas Secretary of State and make sure you file and keep your official registration and tax documents.
4. Get a professional certification. Austin Community College offers classes to all Central Texas residents, regardless of immigration status. They offer certifications in dozens of professions where our clients are already working including Culinary, Hospitality, Automotive, Construction, Welding, Heating and AC Services, etc. Check out their academic and career programs at here.
As we’ve already stated, all of these resources is available to you regardless of immigration status. And not only does this kind of effort strengthen your “Affidavit of Self-Sufficiency.” It will also fortify your personal, professional, and financial success in the United States.
In the meantime, if you have questions about how the new rules affect you and your case, please call us at (512) 633-1785 or email us at [email protected].
Are you worried about the new public charge rules?
Please don’t worry!
We will be providing plenty of information during the next few weeks to help you understand the new rules and how you can overcome them.
First, we want to discuss who is NOT affected by the new rules. If you have any of the following types of cases, the new public charge rules DO NOT apply to you:
1) Refugees, asylum applicants, and anyone applying for residency as a refugee or asylee;
2) Cubans who are applying for residency after one year in the USA;
3) Special Immigrant Juveniles;
4) DACA and TPS applicants;
5) U Visas, T Visas, and anyone applying for residency after having a U or T visa;
6) Anyone applying for residency under the Violence Against Women Act (VAWA);
7) Anyone applying for Cancellation of Removal;
8) Anyone who is already a lawful permanent resident (so long as you don’t leave the USA for longer than six months);
In other words, for these types of immigrants, using public benefits does not count against you. (There are other exempt case types, too, such as for Iraqi and Afghani interpreters, but those listed here are the most common for our clients.)
Also, receipt of WIC and CHIP will NOT count as “public benefits” for ANYONE under the new public charge rules, and benefits for U.S. citizen children do not count against you. If you have used WIC or CHIP for yourself and/or your children, do not worry! This does not mean that your case will be disapproved.
Even under these new rules, if you can show that you and your family work hard (as almost 100% of our clients can), then we feel very hopeful that the new public charge rules will not keep you from achieving your goal of having lawful status in the United States.
Next week: We’ll send information about steps you can take to improve your financial status for immigration purposes.
In the meantime, if you have questions about how the new rules affect you and your case, please call us at (512) 633-1785, find us on Facebook, or email us at [email protected].
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