The Law Offices of John R. Alcorn, APC

Free initial telephone consultation 949-751-6574

Visas and green cards now tied to income

The Trump administration continues its open assault on those who wish to enter the country and work. The recent ICE raid on poultry processing plants in Mississippi involved the arrest of 700 unregistered workers. The administration followed that up with new regulation that examines the applicant’s ability to earn income, rejecting those with little education or a likelihood of a low income.

According to CNN, the administration has determined that these low-income migrants were more likely to use such benefits as Medicaid, housing vouchers, food stamps, or other government benefits.

It will encourage "self-reliance and self-sufficiency for those seeking to come to or stay in the United States," said acting U.S. Citizenship and Immigration Services Director Ken Cuccinelli. He added, “We certainly expect people of any income to be able to stand on their own two feet, so if people are not able to be self-sufficient, then this negative factor is going to bear very heavily against them in a decision about whether they'll be able to become a legal permanent resident.”

Applies to new and longtime applicants

This new rule will apply to immigrants who wish to enter the country for the first time as well as those already established in the U.S. The Department of Homeland Security estimates that this rule change will affect nearly 400,000 applicants, but experts see the actual number of people to be much larger.

Those not affected

The notable exceptions to this rule include those who received benefits while an active military member, pregnant women, children under 21 and those seeking emergency medical care. The rule also does not apply to asylum seekers or refugees. For better or worse, the rule does not apply to undocumented immigrants because they would not be eligible for government benefits anyway.

Rule likely to be challenged

As with every other law drafted by this administration, it will face challenges from legal groups and attorneys. Those worried about how this rule change will impact their employment status should contact a law firm that handles immigration law cases. Laws and regulations such as these change on a regular basis, so it is important to get the most up to date legal information on this and other immigration matters.

No Comments

Leave a comment
Comment Information
  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber