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ResourcesVisa & Immigration LawUS Immigration LawHow Will the New "Public Charge" Rule Impact K-1 and K-3 Visas?

How Will the New "Public Charge" Rule Impact K-1 and K-3 Visas?

Transcript of the above video:

As the title of this video suggests, we are discussing the Public Charge Rule. I kind of feel like I am in déjà vu making this video because we made a similar video back in the Trump Administration. That Administration brought out a, I hesitate to call it a similar rule to what's being promulgated now because that was far more onerous frankly than what appears to be the case with respect to the new rule being rolled out which appears to be coming about in the beginning of December of 2022. I am still researching this myself so the full ramifications of this I am not yet quite fully aware of but it looks to me like it is kind of a light version if you will of the rule that was rolled out under Trump and then sort of rescinded and then we were kind of in limbo. The COVID happened and nothing was going on and when we came out of COVID, it seemed like the old rule was back and we were dealing with that. 

The new Administration seems to see that there are some concerns wherein the rule needs to be kind of updated for modern times and so they have made some modifications. It looks to me like this may put an extra burden of scrutiny on folks that are dealing with Immigration to the United States. How does it impact the K-1 and K-3? Probably not that directly but indirectly it could. 

So K-1 Visas, K-3 Visas are generally sought at US Embassies outside the United States. Those folks will go into the United States and then once they are in the United States, because both the K-1 and K-3 are technically Non-Immigrant Visas, they would then have to go through what is called adjustment of status in order to have their Lawful Permanent Residence perfected in the USA. So to my mind, the implications of this are probably far more acute for those who are dealing with this inside the United States compared to those who will be seeking K-1 or K-3 visas. Those seeking K-1 or K-3 Visas, this probably isn't going to directly impact you during the process of getting the K-1 and K-3, but there is probably going to be a back-end effect after December 2022 when you are dealing with adjustment of status to get your Green Card in the USA.