The ground of inadmissibility are reasons an individual could be denied entry, a visa, or a green card in the United States that doesn’t apply to everyone. The term “public charge” is a type of ground of inadmissibility, in this case, someone that needs government benefits. When deciding to grant or deny an applicant, an immigration offer must decide whether that person is likely to become dependent on certain government benefits in the future
On February 24, 2020, the USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide
DHS will only consider public benefits listed in the rule which includes:
- Supplemental Security Income
- Temporary Assistance for Needy Families
- Any federal, state, local, or tribal cash benefit programs for income maintenance (often called general assistance)
- Supplemental Nutrition Assistance Program
- Section 8 Housing Assistance under the Housing Choice Voucher Program
- Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
- Public Housing
- Federally funded Medicaid (some exclusions)
Benefits Not Considered
DHS will not consider:
- Emergency medical assistance
- Disaster relief
- National school lunch programs
- The Special Supplemental Nutrition Program for Women, Infants, and Children
- The Children’s Health Insurance Program
- Subsidies for foster care and adoption
- Government-subsidized student and mortgage loans
- Energy assistance
- Food pantries and homeless shelters
- Head Start
What to do if you are stopped by the police
- You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so.)
- You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
- If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.
- You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.
What to do if you are arrested or detained
- Say you wish to remain silent and ask for a lawyer immediately.
(Asking for an attorney will not hurt your case, in fact it will protect you.)
- Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
- If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. Police will listen to your conversation if you call anyone else or you speak to anyone in the police precinct or jail.
If you believe your rights were violated
- Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
- If you’re injured, seek medical attention immediately and take photographs of your injuries.
- File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
What you can do if you think you’re witnessing police abuse or brutality
- Stand at a safe distance and, if possible, use your phone to record video of what is happening. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.
- Do not try to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states (see here) you must affirmatively make people aware that you are recording them.
- Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do not consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest (including the risk that officer may search you upon arrest) against the value of continuing to record.
- Whether or not you are able to record everything, make sure to write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were, any use of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered by the person stopped.
- If you are able to speak to the person stopped by police after the police leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.
The state of Florida is shared parental responsibility unless the parents are unable to agree on those major decisions, in which case a judge will decide. Ideally, the courts want both parents to be involved in their child’s upbringing and life.
The judge will assume both parents are equally interested in their child’s life. In order for time-sharing agreements to be enforceable, the parenting plan and time-sharing agreement must be extremely detailed.
If you and your child’s other parent are unable to reach a mutually acceptable arrangement regarding how parental responsibilities will be shared, a Florida judge could step in and make those decisions for you.
Florida judge will likely consider the following factors when deciding on parental responsibility:
Which parent is more likely to allow the child to have frequent, continuing contact with the other parent;
- Which parent has the ability to provide the more stable home environment;
- Which parent has the ability to provide necessary items including food, clothing and medical care;
- The moral fitness of each parent;
- The job security of each parent;
- Whether one parent travels frequently for his or her job;
- The amount of time the child has been in a stable home environment;
- The emotional bond between each parent and the child;
- The “proposed” home of each parent after the divorce;
- The child’s history, concerning home, school and community;
- The extent of each parent’s knowledge of the child’s schedule, likes, dislikes, friends, medical information and school information;
- The parenting tasks typically performed by each parent;
- The extent parenting responsibilities were and will be conducted by a third party;
- The ability of each parent to provide a consistent schedule for the child, and
- Any evidence of domestic violence, child abuse or child neglect.
Assylum Regulatory Changes Effective August 25, 2020
U.S. Citizenship and Immigration Services announced a regulatory change for asylum candidates seeking employment authorization.
Employment authorization will be denied for certain criminal behaviors,
USCIS has extended the “wait time” for applying for workers authorization from 150 days to 365 days.
Employment authorization will be valid for a maximum of 2 years
The Employment Authorization automatically terminates if an applicant’s asylum is