Public Charge Rule

While the public charge rule has been around for a long time, the Trump administration is using interpreting the public charge rule broadly to reduce the number of people who are eligible for legal permanent residence and other visas. Under this new interpretation of the rule, the administration expanded on what makes someone dependent on government benefits or likely to be dependent on government benefits in the future. Under the new final rule, the government defines public charge as someone who receives one or more benefits for more than 12 months total during a 36 month-period.

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The public charge rule requires individuals to report certain information related to public benefits. Individuals have to report any benefits they have received since February 24, 2020. Applicants for adjustment of status do not need to report non-cash benefits they received prior to February 24, 2020. Individuals who seek to extend a nonimmigrant visa or change a nonimmigrant visa category need not report benefits they received prior to February 24, 2020.

The officer will look at multiple factors and will make the decision based on all of the factors and the person’s circumstances at the time. The officer will look at both positive and negative factors. Some factors that officers will consider include age, education, history of employment, health, family status, assess, financial status, resources, prospective immigration status, and if there is a sufficient affidavit of support.

Applicants for adjustment of status or admission as a Legal Permanent Resident

Applicants for an immigrant visa

Applicants for a nonimmigrant visa

Returning permanent residents

Refugees;

Asylees;

Cubans;

Special Immigrant Juveniles; NACARA;

TPS applicants;

T and U visa nonimmigrant applicants; and, VAWA recipients.

 The following factors are considered:

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DHS does not consider the following benefits in its determination:

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Benefits received by U.S. military service members will not be considered.

The applicant can overcome a public charge finding by posting a public charge bond. The bond is available at USCIS discretion. While the public charge rule is now being interpreted more broadly, there are many factors that the government will consider when determining if someone is likely to become a public charge in the future.

Please note this blog post does not constitute legal advice. Please schedule a consultation with Aparisi Law to discuss your case.

Supplemental Security Income (SSI)

Temporary Assistance for Need Families (TANF)

Any federal, state, local, or tribal cash benefit programs for income maintenance Section 8 Housing Assistance

Section 8 Project-Based Rental Assistance

Public Housing; and,

Federally funded Medicaid.

Emergency medical assistance;

Medicaid benefits received for emergency medical conditions, by children under 21 years of age, or by pregnant women;

Disaster relief;

National school lunch programs;

The Special Supplemental Nutrition Program for Women, Infants, and Children; The Children’s Heath Insurance Program;

Subsidies for foster care and adoption;

Government-subsidized student and mortgage loans;

Energy assistance;

Food pantries and homeless shelters; and,

Head Start.

What happens if I am determined to be inadmissible as a public charge?

*Please note this blog post does not constitute legal advice. Please schedule a consultation with Aparisi Law to discuss your case.