Separating concepts of “public charge” and “public benefits” also clarifies customize name houston texans baseball shirt that DHS will consider in the totality whether an alien has applied for,
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touchstone and an easily administrable cutoff that is a midpoint between the cutoffs established in the studies . regardless of whether the alien is the only person in the household receiving the benefit, customize name houston texans baseball shirt or is one of the people receiving the same benefit. This differs from the approach in the proposed rule where valuation of certain benefits that are based on the household size (e.g., SNAP) would have been proportionally attributed to the alien. DHS believes that this approach is particularly responsive to public comments that communicated concerns about the complexity of the bifurcated standard and lack of certainty. As revised, this determination includes the consideration of public benefit application, certification, or receipt over any period of time. However, as indicated above,
the alien’s application for, certification, or receipt of public benefits will only be weighted heavily in certain circumstances, namely where such application, certification, or receipt of public benefits exceeded 12 months in the aggregate within any 36-month period, beginning no earlier than 36 months prior to the alien’s application for admission or adjustment of status on or after the effective date. Similarly, DHS has revised the public benefit condition that applies in the context of an extension of stay or change of status application or petition, to include this new standard as well. By moving the threshold standard into the “public charge” definition, DHS intends to alleviate confusion about the threshold for being a public charge. As part of the inadmissibility determination, an officer will review the likelihood of whether an alien will receive public benefits over the durational threshold. The “public benefit” definition will only list the specific programs considered and the list of exclusions.