Sm1smom
Super Moderator
Congratulations of finally receiving your IL. Please update your information on the Timeline spreadsheet to reflect the correct FO name.
DV 2023 AOS (Adjustment of Status) Only
- Thread starter Sm1smom
- Start date
This kindergarten is a part of public school.
lotterywinnerof2023
Member
What benefits are considered public charge?
We only consider Supplemental Security Income (SSI), cash assistance under the Temporary Assistance for Needy Families (TANF) program, and General Assistance (in other words, cash assistance provided by states or localities), as well long-term institutionalization provided at government expense.
I don't think any person with nonimmigrant status are qualified for for these programs! You should be fine!
heatherc_42
New Member
I have no idea if it helped or not, but it didn't cost me anything, so worth it just in case. I didn't receive a response from the Congresswoman to indicate either way. I see that @Nicdep (same FO) was also scheduled, so it could just be that the FO finally got around to scheduling their interviews... I guess we'll never know!
FWIW - I looked at previous years average wait times for my FO, and determined that my wait time was significantly longer than in previous years, which warranted a congressional follow up (armed with that information).
Thank you
Sm1smom
Super Moderator
That is not a public benefit that needs to be reported.
Sm1smom
Super Moderator
There are folks in certain nonimmigrant statuses who are eligible to receive those benefits without the use being deemed a public charge. Because of that, some folks with nonimmigrant status who are not eligible to receive those benefits have ended up receiving them and this is where being deemed a public charge comes in. So one shouldn’t make an assumption that everyone in a nonimmigrant status is not eligible to receive those listed public benefits.
Sm1smom
Super Moderator
I can say from past experiences, if your congress person did not respond to you or acknowledge your case inquiry assistance request, they did not play any role in getting your interview scheduled. Seems more like your FO finally got around to making it happen on their own.
I have had my biometrics on March 27 and did not hear anything from USCIS since then. Yesterday, I have talked with an agent through Emma and she said no interview has been scheduled yet. My FO is Dallas. I have looked at Dallas FO data from 2023 through 2017 (did not add the ones where biometrics appointment was done after the interview and one case where the applicant waited more than 6 months) and the average wait time between biometrics and interview notice (or waiver) is roughly 15 days.
I was thinking that if I don't hear anything in 15 more days, I can contact my congressperson or is it too early?
I was thinking that if I don't hear anything in 15 more days, I can contact my congressperson or is it too early?
My I-20 is going to expire on May 10 , My professor filed for visa extension but today I received a rejection from the university.
My questions are:
1) do you think it is a good idea to apply for OPT?
2) If I file the AOS package in June during the grace period , will I still be in a legal status? 3) After filing the package in the grace period , If I exceeded the two month due to the delay interview , will I be considered illegal an the officer can deny my visa based on my status?
4) what about early filing , do you think it is a good idea ,considering my situation? If I wrote an explanation letter, will it help ?
I am a little bit confused and lost
I am afraid to apply for the OPT then , I would not be able to get a job offer before July as my certificate needs a license to prectice it which means my only option is the university. However, they do not have summer jobs
My questions are:
1) do you think it is a good idea to apply for OPT?
2) If I file the AOS package in June during the grace period , will I still be in a legal status? 3) After filing the package in the grace period , If I exceeded the two month due to the delay interview , will I be considered illegal an the officer can deny my visa based on my status?
4) what about early filing , do you think it is a good idea ,considering my situation? If I wrote an explanation letter, will it help ?
I am a little bit confused and lost
I am afraid to apply for the OPT then , I would not be able to get a job offer before July as my certificate needs a license to prectice it which means my only option is the university. However, they do not have summer jobs
Sm1smom
Super Moderator
I would say be patient as against doing a countdown for now.
Diophantus
Member
Hello, Mom thanks for your response. So, including the last three years' tax transcript out of which two of the form shows that I have filed 1040 instead of 1040-NR. It won't be a problem when filing my adjustment of status right?
Sm1smom
Super Moderator
1. I’m sorry this is not a decision I can help you with.
2 & 3. AFAIK, the grace period is a discretionary period meant for either winding down your affairs or changing to a new non immigrant status. USCIS seems silent on using the grace period to file for AOS per the available information on their website. Some lawyers are of the opinion one could file for AOS and not just COS during this period, others disagree.
4. You’ll need to make the early filing decision on your own, I’m sorry I can’t help with making that decision either. Including a letter to explain your situation is considered volunteering unsolicited information which is never recommended. More often than not, volunteering unsolicited information tends to cause more harm than good, it could cause additional unnecessary scrutiny.
In general, you have a better insight into your situation than anyone else. The most I can tell you is to carefully review and weigh your options vis a vis changing to CP at this point or utilizing the early filing option to proceed with AOS. Weigh the consequences of each option carefully, review the potential outcomes of each option, to see which you’re most comfortable to live with, then proceed accordingly. Best of luck with your decision.
Sm1smom
Super Moderator
Having a mix of 1040 and 1040-NR documents on its own is not an issue. 1040-NR is an indication of having amended a previously filed 1040 because there was something wrong with the filing, USCIS has no issue with such mixture. If the salient question you're trying to ask (without necessarily asking) is about the fact that you only amended 2022 tax filing while the previous years you ought to have amended also (since you used Turbotax in place of Sprintax as a nonresident alien) did not get amended, that is an issue you need to resolve with the IRS.
Thanks a lot
JULIA-GLOWS
Member
Hi mom, Would you please let me know discount applying for gas and water and electricity bill for low families also could be considered as public charge and need to be reported or not?
Thanks a lot
Sm1smom
Super Moderator
No, those are not benefits that fall under the public charge category. I think someone earlier on provided you with a list of what counts as public charge. Please see below what USCIS says about which public benefits they consider as public charge:
Q: Which public benefits does USCIS consider when determining whether an applicant is inadmissible under the public charge ground?
A: We consider an applicant’s current and/or past receipt of public cash assistance for income maintenance. Public cash assistance for income maintenance includes only the following:
- Supplemental Security Income (SSI);
- Cash assistance under the Temporary Assistance for Needy Families (TANF) program; and
- State and local cash assistance programs that provide benefits for income maintenance (often called ‘‘General Assistance’’ programs).
Sm1smom
Super Moderator
Great news. Congratulations and thanks for the update.