Q: Can my children being on government assistance affect my mothers AOS application due to public charger rule?
Please I need advise on what to do with this new public charge immigration law effective 24/02/2020 for immigrants. My mother is presently in the USA and have over stayed her B2 for over 30days. We were in the process of doing a AOS for her when I found out about the new law. Apparently, we or she do not meet the requirements because my household income is under $50000 per annual and my three kids are currently on chip Medicaid and snap. So my question now is would and she be ban from the USA if she leaves now? If yes, how many years before she can apply for another USA visa again? I will greatly appreciate a reply as soon as possible as time is of the essence now. Thanks.
A:
If you are a U.S. citizen and your mother entered the U.S. lawfully she may be eligible to adjust status IF (1) she is not otherwise inadmissible and (2) you and she can fully comply with all of the requirements of the I-864 and the I-944.
At this time you should take the time to consult with an experienced immigration attorney to obtain the expert guidance that you are seeking.
Good luck to you.
A:
Your children’s grant of public benefits will not directly impact your mother’s application for permanent residence.
If your mother leaves, she should do so before she is out of status for 180 days. If she stays past 180 days, she will be barred from returning for 3 years. Because she is currently out of status, she might have trouble returning on her tourist visa.
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