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an applicant has a disability does not mean that the applicant you and me we got this mickey and minnie poster has this heavily weighted negative factor, and disagrees that the rule codifies discriminatory assumptions.

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of positive and negative factors applicable to the alien’s case when determining whether the alien should be offered the option to post a public charge bond and be admitted to the United States on bond. you and me we got this mickey and minnie poster USCIS respectfully declines to limit its consideration in this regard. There is no indication that Congress believed that a sufficient affidavit of support would warrant a finding that the alien is not likely becoming a public charge. Had Congress believed that to be true, Congress would have specified such a provision in the statute. Instead, Congress listed the other factors as the minimum mandatory factors in section 212 of the Act, 8 U.S.C. 1182, which do not include the affidavit of support. For these reasons, and consistent with congressional intent,

DHS will retain the affidavit of support as a factor considered in the totality of the circumstances, but will not make it a heavily weighted positive factor. A few commenters stated that the proposed heavily weighted positive factor would increase family separations and would have a negative impact on family-based immigration. Many commenters stated that the proposed heavily weighted positive factor would effectively bar lower income immigrants; disregards the efforts and contributions of low-wage workers; and that the majority of legally present noncitizens would fail to meet the 250 percent FPG threshold. comments on the 250 percent criteria. Another commenter warned that this factor would be an arbitrary addition and would serve no purpose other than to deter individuals from applying for adjustment of status out of fear it would ruin their future attempts to gain lawful permanent residence status. Additionally, DHS notes that the fact that