Changes in Public Charge Rules
Changes in Public Charge Rules
Changes in Public Charge Rules
According to the US Citizen and Immigration Services (USCIS), “for purposes of determining inadmissibility, ‘Public Charge’ means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense”.
Some of the rules regarding how a person is considered a Public Charge will change starting on October 15, 2019, according to a rule published on August 15 by the Department of Homeland Security.
Current rules on Public charge
At the present time, the rules on Public Charge state that immigration officers decide if a Green Card applicant or an individual that is seeking to enter the United States on certain visas can rely on the government for financial support.
The decision if an individual is a Public Charge or not relies on several factors specified by the INA (Immigration and Nationality Act) and the affidavit of support signed by the immigrant’s sponsor that shows that he or she will not become primarily dependent on the government. If a person applying for a Green Card or admission has used long-term cash aid in the past is also taken into consideration.
In addition, individuals who seek to enter the country and apply in consulates abroad the officers use the Foreign Affairs Manual (FAM) as guidance on how to make decisions (and also look into the sponsor’s ability to uphold the affidavit of support).
Changes in Public Charge rules that will occur after October 15, 2019
The new rule in Public Charge interprets a provision of the Immigration and Nationality Act (INA) pertaining to inadmissibility. The inadmissibility ground says that a person is considered inadmissible if they are likely to become a Public Charge.
However, this does not apply to all immigrants or people who are in the naturalization process, only to those seeking admission into the United States or are applying for an adjustment of status.
Some other changes after October 15, 2019, are definitions on what is a Public Charge, which could be anyone who receives ay number of public benefits for more than an aggregate of 12 months over any 36-month period of time.
Some of the publicly-funded programs that immigration officers may consider for someone being a Public Charge are: Medicaid, the Supplemental Nutrition Assistance Program (SNAP, formerly known as Food Stamps), Section 8 housing assistance and federally subsidized housing. Cash aid could also make an individual inadmissible under the Public Charge ground.
In addition, beginning on the aforementioned date, the new rule will consider English proficiency as positive for their immigration, and lack of proficiency as negative. Therefore, a requirement for immigrants to attach a Declaration of Self-Sufficiency when applying for a Green Card will be another coming change.
If you think you could be affected by these coming changes in the Public Charge rules, you need to contact an immigration lawyer in California immediately. Don’t hesitate, at Kannan Law, we are ready to help! Contact us today.
Disclaimer:
While this rule is set to go into effect on October 15, 2019, should there be any ensuing litigation, this rule could change or be temporarily halted. So always be sure to check USCIS’ site for the most recent updates.
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[…] to an individual who is likely to become primarily dependent on the government for subsistence and, as we told you last month, some of the rules regarding how a person is considered a Public Charge were going to change […]