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STATE DEPARTMENT ADVISES ON NEW "PUBLIC CHARGE LOOKOUT SYSTEM" FOR POORER IMMIGRANTS

The State Department has released a cable to all of its consular posts describing efforts to improve and expand the Public Charge Lookout System (the "PCLS"). This system allows consular officers to check with state officials to see if a person has previously received public benefits. The information is deemed important as an indicator of whether an applicant for a non-immigrant or immigrant visa will become a public charge.

The cable states that the State Department's Visa Office has contacted more than 20 states asking them to consider beginning expanding their participation in the PCLS. A number of states responded by indicating that they lack adequate resources to accept additional workload, though some indicated they will be expanding staff and resources in the future. The process is described as being burdensome for states because few have centralized databanks and submitted names have to be submitted in several databanks maintained by different agencies. Other states maintain the relevant information at the county level and getting complete information requires checking with dozens of officials.

Another identified problem is the fact that individual citizens and permanent residents must sign an authorization form before a state will release information. A few states have begun considering signing memoranda of understanding so that consular posts would have blanket authorzation to request information.

The Visa Office has indicated that it will seek to negotiate more memoranda of understanding and seek to automate and simplify more of the process. Furthermore, the Visa Office is seeking to work with the Social Security Administration to take over some of the responsibilities from state officials.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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