Dear international students and scholars,

 

On September 22, the U.S. Department of Homeland Security announced a proposed new immigration rule that could impact current nonimmigrants who are seeking immigrant status in the U.S., or who are seeking to extend or change their status while in the U.S.  F and J visas are considered nonimmigrant visas to the U.S., meaning that you are here on a temporary visa. Immigrant visas are for permanent stay in the U.S., e.g. permanent residence or “green card”.

 

Current law has always considered whether an alien seeking admission to the U.S. or adjustment of status to permanent residence could become a public charge when determining whether to grant admission or adjustment in the United States. The government may deny an application for admission or adjustment if the applicant cannot support themselves financially. Under the current regulations, someone who had accepted cash benefits through a government welfare program can be deemed a public charge, and ineligible for admission or adjustment of status. The proposed rule would expand the definition of public benefits or forms of government assistance considered when determining whether an immigrant is likely to become a public charge.  It would also consider use of public benefits when determining whether a nonimmigrant is eligible for a change of status or extension of stay in the United States. The proposed rule would expand the definition of public benefits to include other non-cash forms of public assistance, including SNAP (Supplemental Nutrition Assistance Program, or food stamps), Medicaid and public housing benefits.

 

Please find more information on the DHS website about the proposed rule, including a link to the rule itself. While this is currently only a “proposed rule” and not yet official, the likelihood of this rule becoming official, or of immigration officials applying the proposed rule as informal guidance going forward, indicates that F and J visa holders should follow these guidelines now even if the rule is not officially adopted.

 

Please be advised that as an F or J visa holder, you should not accept public (government) benefits, as your visa requires you to have sufficient financial resources to support your stay, and the stay of any accompanying family members with nonimmigrant visas.  This includes HUSKY insurance for nonimmigrant children and women who are pregnant. We cannot provide any further advising on the proposed rule or on the impact of individual immigration applications. We advise you to seek the guidance of an experienced immigration attorney if you have further questions. ISSS lists area immigration attorneys here.  

 

Thank you and we will update you if the proposed rule becomes effective.

 

 

 

Rae Alexander
Director

International Student and Scholar Services

 

UNIVERSITY OF CONNECTICUT

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