Contrary to what many think, all immigrants who enter the United States as residents are considered unacceptable unless they prove, among other things, that they will not become public charge.  However, the family members of residents and citizens should guarantee it with a contract with the government.  This agreement requires them to return the total cost of all government services provided to the new immigrant, and remains current for the first 40 trimesters of tax contribution, or ends before if the immigrant-beneficiary becomes a citizen. 

In the past days, the Immigration Service regularized one of the most important aspects of the law so that family members of residents and citizens may demonstrate their admissibility.  

The old regulations granted discretion to the different District Directors, allowing them to ask for documents as they deemed necessary.  With the new regulations, all immigration offices will require the same documents.  

Previously, every guarantor was required to submit evidence of having paid taxes over the past three years, and also required to present copies of their pay stubs and a setter from their employer.  New regulations require the guarantor to submit the taxes for the past year only.  

This new regulation recognizes the immigrants the have paid taxes during the last 40 trimesters.  In this case, it is not required that they submit a guarantee that they will not become public charge.  This is very important.  The government accepts the payment of taxes of an immigrant as sufficient contribution to justify any expense of public assistance that he or she might require, without having to repay the government.   

In my upcoming columns, I will continue analyzing different aspects of this important regulation.  Remember that there is always much more to analyze before formulating a legal strategy.

And remember that there is always much more to analyze before formulating a legal strategy. 

INTERNATIONAL IMMIGRANTS FOUNDATION
33 years, Guiding, Legalizing, and Educating Immigrants since 1973
O.N.G. UNITED NATIONS E.C.O.S.O.C.
IMMIGRANTS BUILDING: 7 W. 44th St., New York, N.Y. 10036

(212) 302-2222 – email: www.InmigrantsFoundacion.com

 

*Edward Juarez Studied sociology, International laws, and specialized in immigration.  In 1973, established the International Immigrants Foundation, a non-profit institution created to educate, help, and defend immigrants. In 1984, he established the American Multicultural Coalition and the International Cultures Celebration, conferences in the United Nations, and the Parade and Festival to promote intercultural relations.  With the goal of emphasizing the contributions of immigrants, Juarez established the “Immigrants Building” in 2003, located at 7 West 44^th Street in Manhattan, NYC, where the Foundation continues developing programs that improve the quality of life for immigrants. Currently, he is am active writer, speaker, immigration columnist in El Diario la Prensa, and host of The Immigrants Voice radio and television programs.