However, the commenter stated that the proposed personalized name jersey las vegas raiders shirt positive and negative weighted factor system was unworkable and provided no guidance on how these factors would be weighted.
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“in the opinion of” the Secretary is likely to become a public charge is inadmissible. The Government has long interpreted the phrase “in the opinion of” personalized name jersey las vegas raiders shirt as describing an assessment that is subjective and discretionary in nature. While authorizing this subjective, discretionary assessment, however, Congress also mandated that the public charge determination consider, at a minimum, the alien’s age, health, family status, assets, resources, financial status, education, and skills. Consideration of these mandatory factors requires a case-by-case determination based on the totality of the alien’s circumstances. This final rule will result in officers conducting a full analysis of the factors set forth in the statute and in this rule, and weighing all evidence submitted in the totality of the circumstances.
Both the proposed rule and this final rule adequately explain how the criteria are to be applied and what evidence should be considered. Some commenters stated that the proposed rule contained vague standards, required adjudicators to consider a broad range of factors, and afforded such adjudicators significant discretion. The commenters stated that as a consequence, outcomes will be dependent on the particular adjudicator making the decision. Commenters indicated that they were especially concerned that this lack of predictability will make it nearly impossible for attorneys to adequately advise their clients. Commenters stated that such unpredictability would lead to a chilling effect with respect to aliens’ use of public benefits. An individual commenter stated that the existing statutory framework directs an adjudicator to consider an immigrant’s personal and financial circumstances to determine the likelihood that they will become dependent on the government in the future, which is easily demonstrated by their employment prospects and the existence of support systems.