in light of the public charge assessment. personalized name jersey buffalo bills shirt DHS reiterates that this rule does not prevent individuals who are eligible for public benefits from receiving these benefits.
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The material questions is whether the person is likely to become a public charge at some point in the future. Therefore, DHS will not limit its definition of “public charge” personalized name jersey buffalo bills shirt based on the potential that an alien who is currently public charge may not remain so indefinitely. The appropriate way to address that nuance is through the totality of the circumstances prospective determination, rather than the definition of public charge. Accordingly, DHS properly considers the receipt of public benefits for more than 12 months in the aggregate within a 36-month period a heavily weighted negative factor in public charge inadmissibility determinations. DHS also acknowledges that the regulation may result in fewer numbers of nonimmigrants and immigrants being
admitted to the United States or granted adjustment of status to that of a lawful permanent resident. DHS notes that the ground of inadmissibility under section 212 of the Act, 8 U.S.C. 1182 applies to aliens seeking admission to the United States, or adjustment of status to that of a lawful permanent resident. The public charge ground of inadmissibility does not apply to nonimmigrants present in the United States seeking an extension of stay or change of nonimmigrant status. As indicated in the NPRM, however, when adjudicating an alien’s application for extension of stay or change of status, DHS will assess whether the alien has demonstrated that he or she has not received, since obtaining the nonimmigrant status and through the time of filing and adjudication, any public benefit, as defined in 8 CFR 212.21, for 12 months, in the aggregate, within a 36-month period. DHS understands that certain applicants may be hesitant to receive certain benefits