Appendix: Totality of the Circumstances Framework Totality of the Circumstances Framework Step-by-Step Approach Important Note: If the applicant is required to submit an Affidavit of Support Under Section 213A of the INA and fails to submit such an Affidavit of Support or if that Affidavit of Support does not meet the requirements of section 213A of the Act and 8 CFR 213a, the applicant is inadmissible as likely to become a public charge. In this instance, the officer must not conduct a totality of circumstances assessment and deny the adjustment of status application. Step 1. Evaluate all of the facts, circumstances, and evidence in the record to determine whether factors in the analysis are positive or negative. Some factors may be interrelated. • Any factor that decreases the applicant's future likelihood of receiving one or more public benefits above the threshold (more than 12 months in the aggregate in a 36-month period (such that, for instance, receipt of two benefits in 1 month counts as 2 months) is positive. • Any factor that increases the applicant's future likelihood of receiving one or more public benefits above threshold is negative. Step 2. Weigh all factors individually and cumulatively. Assess the weighted degree to which each factor that is negative or positive.1 • Certain enumerated factors will weigh heavily in favor of finding that an alien is not likely to become a public charge or finding that an alien is likely to become a public charge. • The weight given to an individual factor not designated a heavily weighted factor depends on the particular facts and circumstances of the case and the relationship of the individual factor to other factors in the analysis. • Multiple factors operating together will carry more weight to the extent those factors in tandem show that the alien is more or less likely than not to become a public charge in the future. The extent to which the factor alone and in relation to others factors affects the likelihood that the alien will or will not receive one or more public benefits, as defined in 8 CFR 212.21(b), at any time in the future for more than 12 months in the aggregate within any 36 month period (such that receipt of two benefits in one month counts as two months). 1 1 of 7 Appendix: Totality of the Circumstances Framework Totality of the Circumstances Framework Step-by-Step Approach Step 3. Determine whether the applicant is likely or not likely to become a public charge at any time in the future • Not inadmissible based on public charge – The applicant’s positive factors outweigh the applicant’s negative factors, such that the alien is not likely to receive one or more public benefits above the designated threshold at any time in the future. • Inadmissible based on public charge – The applicant’s negative factors outweigh the alien's positive factors, such that the alien is more likely than not to receive one or more public benefits above the designated threshold at any time in the future. Totality of the Circumstances Framework Factor Applicant’s Age Applicant's Health Positive • • Negative Age between 18 and 61 • Age 17 and younger • Age 62 and older No diagnosed medical issues • Form I-693 (DOS medical examination report or any other medical documentation) lists a Class A 2 of 7 Heavily Weighted Positive None Heavily Weighted Negative None None None Appendix: Totality of the Circumstances Framework Totality of the Circumstances Framework Factor Positive Negative medical condition 2 or a Class B medical condition 3 that the civil surgeon, panel physician, or other medical professional indicates is significant enough to interfere with the applicant’s ability to provide and care for him or herself, or to attend school, or to work, or that is likely to require extensive medical treatment or institutionalization in the future. 3 See 42 CFR 34.2(e). 3 of 7 Heavily Weighted Positive Heavily Weighted Negative Appendix: Totality of the Circumstances Framework Totality of the Circumstances Framework Factor Positive Negative Family Status • The alien is able to support him or herself and his or her members at or above 125 percent of the FPG (100 percent for active duty military, other than active duty for training, in the U.S. armed forces) for the alien’s household size. • The alien is not able to support him or herself and his or her members at or above 125 percent of the FPG (100 percent for active duty military, other than active duty for training, in the U.S. armed forces) for the alien’s household size. Applicant’s Assets, Resources, and Financial Status • Current employment Total household gross income at or above 125 percent of the FPG (100 percent for those on active duty, other than active duty for training, in the U.S. armed forces) Financial resources that would make the • • No income or assets Request or Receipt of public benefits in the United States as defined Any previous bankruptcy within the last 2 years Request or receipt of a fee waiver for immigration benefits • • • • 4 of 7 Heavily Weighted Positive None • Heavily Weighted Negative None Receipt, • certification, or approval of public benefits for more than 12 months in any 36-month • period starting before the application of adjustment of status, (calculate no earlier than October 15, 2019) Household Income, Assets, Resources or Support at or above 250 percent of the FPG Authorized to work and currently employed in a legal industry with an annual income of at least 250 percent of the FPG Appendix: Totality of the Circumstances Framework Totality of the Circumstances Framework Factor Positive • • • Applicant’s Education and Skills • • Negative applicant ineligible • to obtain means• tested public assistance Total Household assets and resources in the applicable equivalent amount Good, very good or exceptional credit score Any health insurance, not considered a public benefit, or sufficient income, assets or resources to pay for reasonably foreseeable medical costs Attendance in • elementary, middle or high school Poor credit score No private health insurance or sufficient income, assets or resources to pay for reasonably foreseeable medical costs High School Diploma • or GED or equivalent No work experience No high school diploma or GED or equivalent 5 of 7 Heavily Weighted Heavily Weighted Positive Negative • Medical condition • Private health and is uninsured insurance and either lacks the appropriate for the prospect of expected period of obtaining private admission, (not health insurance or including health lacks the financial insurance for which resources to pay for the alien receives reasonably subsidies in the foreseeable medical form of premium costs related to tax credits under such medical the Patient condition Protection and Affordable Care Act, as amended) • The alien is not a full-time student and is authorized to work, but is unable to demonstrate current employment, • The alien is authorized to work and is currently employed in a legal industry with an annual income of at least 250 percent of Appendix: Totality of the Circumstances Framework Totality of the Circumstances Framework Factor Positive • Summary of Immigration Status and expected Period Higher Education such as Bachelor's Degree, Master's Degree, or Doctoral Degree • Skills and certifications relevant to education • Basic English proficiency • Primary Caregiver • Other language skills in addition to English • The applicant provides evidence of ineligibility for public benefits based on immigration status Negative • No occupational skills • Limited to no English language proficiency • Seeking adjustment of status as a lawful permanent resident 6 of 7 Heavily Weighted Positive recent employment history, or a reasonable prospect of future employment None Heavily Weighted Negative the FPG for the alien’s household size None Appendix: Totality of the Circumstances Framework Totality of the Circumstances Framework Factor Sponsor's Ability to Support Previous Public Charge Inadmissibility Positive or expected period of stay The following provide for more positive weight: • Sponsor’s income and assets at or above 125 percent of the FPG (100 percent for active duty military, other than active duty for training, in the U.S. armed forces) • The applicant has a relationship with the sponsor None Negative Heavily Weighted Positive The following provide None for less the positive weight: • Sponsor’s receipt of public benefits in the United States • Sponsor has a previous bankruptcy • Sponsor received a fee waiver for immigration benefits None Heavily Weighted Negative None Having previously been None found inadmissible or deportable on the public charge ground by an immigration judge or by the Board of Immigration Appeals 7 of 7