Officials will now have less discretion based on socioeconomic status when approving green cards
Abogada Nancy Reyes Guarderas of Windsor Troy | La Liga Defensora is scheduled to appear on California radio and TV stations to discuss the Biden’s Administration’s recent decision to stop enforcing the 2019 “public charge” restrictions on green cards.
The 2019 public charge policy granted U.S. officials more discretion to reject green card applications from immigrants whom they believed were depending on or were at risk of depending on public benefits in the future, like food stamps, housing assistance and Medicaid.
In addition, the new rule created a very complicated and long form I-944 where it asked about a host of personal information never before requested such as credit report, credit score, age, education, health, education, skills, family status, and many more factors. The 2019 policy placed heavy weight on many of those factors mentioned above.
Now, the Department of Homeland Security will revert to rules that had been in effect since 1999, before the previous administration changed them. These rules instruct officials to only deem immigrants as a public charge if they receive government cash benefits or long-term institutionalized care. It will also rely heavily on the sponsor’s Affidavit of Support. This means that receiving the following assistance will no longer cause immigrants to be deemed public charges and have their green cards rejected:
- Receiving Medicaid benefits (except for Medicaid for long-term institutionalization)
- Living in public housing
- Receiving Supplemental Nutrition Assistance Program (SNAP) benefits, or “food stamps”
Guarderas welcomes the change. She said, “The prior administration’s creation of new regulations interpreting the public charge law we have had since 1999 was simply a tool to create barriers to lawful immigration. It created unnecessary fear for many families who during a pandemic were in need of many services; but failed to access. These services included things such as COVID testing; vaccinations; and healthcare. The doors are now open for immigrant families to access these much needed benefits without fear of closing the door on their future immigration status.”
Nancy Reyes Guarderas’ expertise is on immigration rights and visas, as she has been advocating and guiding her clients through the immigration process since 1998.
Guarderas has extensive experience filing affirmative and defensive applications for her clients before the United States Citizenship and Immigration Service. She has also conducted hearings before the United States Immigration Court, briefing and appealing before the Administrative Appeals Office, Board of Immigration Appeals, and the United States 9th Circuit Court of Appeals.
Guarderas has helped thousands of clients with direct services, conducted community outreach for thousands of people, and trained hundreds of private and non-profit attorneys, social workers, and law students through panels, training, and guest lecturer opportunities at USC’s School of Social Work and Loyola Law School.
Listen to Abogada Nancy Reyes Guarderas discuss what this new policy means for immigrants on:
Monday @ 7:00AM & 9:00AM on La Raza 97.9(KLAX-FM) & La Raza 93.3 (KRZZ-FM) with El Terrible
Monday & Friday @ 8:35AM on Recuerdo 103.9/98.3 (KRCD-FM) with Maria Esther
Monday & Tuesday @ 1:15PM on Amor 100.3- Univision Radio (KBRG-FM) with Glorybella
Monday @ 3:10PM on Jose 97.5/107.1 (KLYY-FM) with Erazno y La Chokolata
Tuesday @ 1:50PM on Jose 97.5/107.1 (KLYY-FM) with Eddie “Piolin” Sotelo
Tuesday & Thursday @ 8:20AM on Que Buena 105.5/94.3 (KBUE-FM) with Don Cheto
Wednesday & Friday @ 10:00AM on Jose 97.5/107.1 (KLYY-FM) with Irma Covarrubias
Wednesday @ 2:25PM on LA 101.9 & Que Buena 98.9 – Univision Radio (KSCA-FM & KSOL-FM) with La Bronca
Wednesday @ 4:45PM on K-LOVE 107.5- Univision Radio (KLVE-FM) with Ysaac Alvarez
Thursday @ 8:00 AM on Jose 97.5/107.1 (KLYY-FM) with Alex “El Genio” Lucas
Thursday @ 1:00 PM on Que Buena 98.9 – Univision Radio (KSOL-FM) with El Zorro
Thursday @ 6:00 PM on La Raza 93.3 (KRZZ-FM) with El Compa Gil
Visit laligadefensora.com for a full interview schedule.
About Nancy Reyes Guarderas
Nancy Reyes Guarderas is an immigration attorney, licensed to practice in the State of California, since 1998. Prior to joining Windsor Troy dba La Liga Defensora, Mrs. Reyes Guarderas was a Senior Staff Attorney at the Legal Aid Foundation of Los Angeles (LAFLA) as an immigration attorney. LAFLA serves as the frontline law firm for poor and low-income people in Los Angeles. She also serves as a regular Legal Analyst for Univision TV and Radio. Mrs. Reyes Guarderas delivers important legal information, explains nuances and complexities in immigration law and provides breaking news and analysis on the changing landscape of immigration legislation.
About Windsor Troy
Windsor Troy | La Liga Defensora, is a California-based immigration law, criminal defense, employment law, and personal injury law firm. Under the direction of the firm’s President, Shawn F. Matian, Esq., Windsor Troy | La Liga Defensora is dedicated to providing zealous advocacy on behalf of their clients. A continuous practice of reinvestment into the firm serves to enhance Matian’s mission. With a combined 40,000 square feet of newly built office space and over 175 employees, Windsor Troy | La Liga Defensora is one of the fastest-growing law firms in all of California.
Windsor Troy | La Liga Defensora has helped tens of thousands of clients with their immigration, criminal and injury cases, by providing excellent legal services. This consistent track record of outstanding work has been notably recognized by the legal community as evidenced by the many awards that have been bestowed upon the firm including: Super Lawyers | Rising Stars; The National Top 100 Trial Lawyers; Lawyers of Distinction Award; Nationally Ranked Top 10 Attorney Award; 10 Best Law Firms Client Satisfaction; and Avvo’s Client Choice Award, amongst other accolades.
Windsor Troy | La Liga Defensora is located at 3701 Wilshire Blvd Suite 210, Los Angeles, California 90010. Northern California at 111 N. Market Street Suite 888 in San Jose, California 95113 and the Inland Empire in Ontario located at 4200 Concourse St. Ontario, CA 91764.
More information on the firm, its attorneys, and its casework please visit: www.windsortroy.com
87 E Green Street Suite 301
Pasadena, CA 91105