…equires a determination predicated on an opinion as to the likelihood of future events. [ 382 ] Accordingly, as set forth in proposed 8 CFR 212.21 , DHS proposes that an alien who is currently receiving public benefits is not necessarily inadmissible, because such current receipt…
…ion.” Response: DHS disagrees that it is at all problematic for DHS to consider events in the alien's past as part of a prospective inadmissibility determination. As explained in the NPRM, DHS's proposed totality of the circumstances standard involves the weighing of positive and…
…ion.” Response: DHS disagrees that it is at all problematic for DHS to consider events in the alien's past as part of a prospective inadmissibility determination. As explained in the NPRM, DHS's proposed totality of the circumstances standard involves the weighing of positive and…
…that DHS can consider in a public charge inadmissibility determination, which prevents DHS officers from considering all factors and information relevant to an alien's likelihood at any time of becoming a public charge, as Congress intended. Indeed, the 2022 Final Rule created a …