For example, the positive and negative factors are not set forth as definitively in the FAM and the balancing process is much less detailed and systemized. But they also differ in some significant ways.
For example, they both define the totality of the circumstances test in the same way designate the same public benefit programs and the operative date for receipt of Februand classify the same heavily weighted positive and negative factors. The DS-5540 and the I-944 also share a lot of similarities.
The FAM and the DOS final public charge rule track in many ways the language in the USCIS Policy Manual and the DHS final rule. For more background information on the DHS public charge rule, see The Public Charge Final Rule: FAQs for Immigration Practitioners and USCIS Policy Manual on Public Charge: Summary for Immigration Practitioners 1. The summary will also contrast DOS interpretation with the comparable USCIS public charge rule, Policy Manual and Form I-944, Declaration of Self-Sufficiency. The summary below describes how the agency is interpreting the new public charge rule and planning to implement it through the FAM and DS-5540. The agency has announced that the new regulation and form will affect all applicants for an immigrant visa who are subject to public charge beginning on February 24, 2020, regardless of when the DS-260, Immigrant Visa Application, and accompanying documents were submitted and screened by the National Visa Center and forwarded to the consular post. This new form will capture information regarding the immigrant visa applicant’s household size and income, assets, liabilities, education, job skills, health, and receipt of public benefits. It recently published changes to the Foreign Affairs Manual (FAM) on public charge and the final version of Form DS-5540, Public Charge Questionnaire. The Department of State (DOS) announced that it will implement its final rule on public charge beginning on February 24, 2020.