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ResourcesVisa & Immigration LawUS Immigration LawK-3, CR-1, IR-1 Visas from Thailand: Impact of Public Charge Rule Changes

K-3, CR-1, IR-1 Visas from Thailand: Impact of Public Charge Rule Changes

Transcript of the above video:

As the title of this video suggests, we are discussing recent changes to the Public Charge Rule and the K-3, CR-1 and IR-1 Visas specifically processing through the Embassy here in Thailand. 

I have had some questions from folks regarding whether or not the Trump Administration's old Public Charge Rule which is in essence was a new rule which has now effectively been rescinded by the new Administration. This is from the State Department, from travel.state.gov. I am going to go ahead and read this and then do the analysis so I can let people know where this all is. Update on Public Charge, this is August 7 2020. Again this is from Department of State, again travel.state.gov. Quoting directly: "On Wednesday July 29th, the United States District Court for the Southern district of New York enjoined the Department of State from "enforcing, applying, implementing or treating as effective the Department's October 2019 interim final Rule and accompanying Foreign Affairs Manual guidance related to the Public Charge Ground of Visa ineligibility. The Department is complying with the Court's order and is in the process of updating its guidance to Consular Officers on how to proceed under the preliminary injunction. In the interim, Visa applications that appear to be ineligible under INA 212(A) 4 will be refused for administrative processing to allow for consultation with the Department including legal review to ensure compliance with applicable Court Orders. Visa applicants are not requested to take any additional steps at this time and should attend their visa interviews as scheduled. Applicants are not required to complete no should they present the DS-5540 Public Charge questionnaire." 

So the Department of State Department acting on the injunction of the Federal Court was ignoring Trump's rule back in August, okay. Recently, the Biden Administration, specifically Department of Homeland Security has come out and said that they will not pursue defending that rule that was made. So essentially where does this leave us? Well as a practical matter, the rule is dead on the vine. Now could there be ongoing ramifications as there was a rule change and there is always sort of this detritus if you will left when you have these circumstances in the bureaucracy where they have created forms and some people have started doing things under new rules only to be rescinded?  So yeah there could be ongoing ramifications.

Long story short at least for the immediately foreseeable future, I do not see these Public Charge issues being of major concern to those processing a K-3 Marriage Visa, a CR-1 Marriage Visa or an IR-1 Marriage Visa for the spouse of a lawful permanent resident or American citizen processing their visa case through the US Embassy here in Thailand in the relatively near-term foreseeable future; maybe even out a couple of years.