In 2020, the U.S. Department of Homeland Security (DHS) issued a final rule that drastically altered the assessment of public charge inadmissibility for immigration applicants. Any noncitizen applying for admission to the U.S., adjustment of status in the U.S., or an immigrant or nonimmigrant visa abroad are subject to the final rule, as are nonimmigrants applying for an extension or status change within the U.S. These new regulations make it significantly more difficult for applicants to prove they’re not likely to become a public charge, especially noncitizens seeking lawful permanent resident (LPR) status based on a family relationship.
Among the new regulations is required income of the applicant, as well as assets and resources belonging either to the applicant or any family member included in the household size. This step necessitates a recent appraisal of real estate by a licensed appraiser to show equity value. The experienced professionals at Anthem Valuation have the knowledge and expertise to provide accurate appraisals with exceptional speed and customer service.
Assessment of Public Charge Inadmissibility: Income, Assets, and Resources
Under the new rule, the U.S. Citizenship and Immigration Services (USICS) defines a public charge as “an alien who has received one or more benefits, as defined under the rule, for more than 12 months within any 36-month period.” The process for determining inadmissibility on these grounds requires assessment of six factors:
- Family status
- Income, assets, and resources (financial status)
- Education and skills
- Affidavit of support
For the financial status requirement, applicants must provide evidence of an annual gross income at least 125 percent of the federal poverty guideline (FPG) for the most recent tax year. Any shortfall in required income can be made up by “significant” assets that can be converted to cash within one year. This includes equity values for real estate determined by a recent valuation from a licensed appraiser.
Trust the Residential Appraisal Experts at Anthem Valuation
Applying for an immigrant visa or adjustment of status is a complicated, stressful process. The final rule issued by the DHS in 2020 enhances the difficulties applicants will face, but Anthem Valuation is here to help. Our founder and Senior Appraiser, Derek Rizzo, offers over 13 years’ experience and is considered one of the top residential appraisers in Minnesota. We take pride in delivering accurate appraisals with unbeatable service and satisfaction. From the initial inspection to when we send you the final report, our proven and efficient three-step process typically lasts just two to three days. And if the report is needed sooner, arrangements can be discussed at the initial engagement.
Derek has always provided reliable appraisal valuations thorough and accurate. He has an excellent knowledge of the Twin Cities home valuation and sales market. I also appreciate his promptness and care to details. I would highly recommend him and have to clients.