Last changes in the public charge rule

Last changes in the public charge rule

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The notion of “public charge” in the immigration context has been the subject of attention and debate in numerous jurisdictions, but its meaning and application have acquired particular relevance in the United States. This article aims to explore this concept in detail, addressing its definition, scope, and determining factors in its evaluation.

Definition and scope of the term

Public charge refers to the perception that an individual can significantly depend on public resources for subsistence. This concept has evolved over time, moving from a more restrictive approach to a more comprehensive one, considering various factors in evaluating an immigrant’s public charge.

Assessing public charge involves considering elements such as dependence on government financial assistance, access to social benefit programs, and the likelihood of requiring long-term support. Factors such as the immigrant’s health status, education, and economic situation play a crucial role in this evaluation.

What is the Importance and Relevance of Public Charge in the Immigration Field?

Public charge has influenced the formulation of immigration policies in the United States, being an important criterion in making decisions about the admission and permanence of immigrants. Immigration authorities consider an individual’s ability to contribute positively to society and avoid becoming a significant burden on public resources.

However, public charge assessment is not only limited to economic issues but also directly impacts the integration of immigrants into the receiving society. Consideration of broader factors, such as access to education and civic participation, seeks to foster successful and sustainable integration.

Historical Background to the Public Charge Rule

Public charge policies in the United States have undergone significant changes over the decades. From the first restrictions in the 1800s to the most recent modifications, the evolution of these policies reflects both changes in public perception and government priorities.

Legislation such as the Immigration and Nationality Act of 1965 and the Immigration Reform and Control Act of 1986 have marked crucial milestones in the evolution of public charge policies, influencing how this concept is evaluated and addressed today.

Additionally, events such as the Great Depression and economic crises have led to adjustments in public charge policies, highlighting the adaptability of these regulations in the face of changing circumstances.

These have not only affected policymaking but have also shaped public perception of public charge, influencing the sensitivity of society and political leaders towards this concept.

Elements Considered When Evaluating the Public Charge of an Immigrant

There are several elements that immigration officials take into consideration when determining whether or not a person will be a public charge in the United States. We can mention:

Economic factors

An immigrant’s ability to support themselves financially and avoid overdependence on public resources is crucial in assessing public charge. Financial stability and the ability to contribute to the tax system are analyzed.

Impact on public resources

The evaluation also considers the immigrant’s possible impact on public resources, including the likelihood of requiring social assistance or state-funded medical services.

What is the latest update from USCIS regarding the Public Charge Act?

USCIS, the Citizenship and Immigration Services, has reported on the recent update of its policy manual, with the aim of simplifying the identification of situations in which a person could be classified as a “public charge.” This modification results in immigrants being able to address questions related to public charge more clearly on the Legal Residency Application Form.

According to USCIS

“We have incorporated important information regarding the categories of adjustment of status applicants to whom the public charge ground of inadmissibility applies from the appendices in Volume 8, Part G, of the USCIS Policy Manual, to Chapter 3, Applicability, to make it easier to identify whether the public charge ground of inadmissibility applies to a specific adjustment of status category. 

This update is intended to help applicants respond accurately to questions related to the public charge ground of inadmissibility on Form I-485, Application to Register Permanent Residence or Adjust Status, which will provide officers with the information they need to adjudicate an application for adjustment of status, and, if applicable, make a public charge inadmissibility determination without issuing a Request for Evidence for this information.”

The lists below indicate which adjustment of status applicants are subject to the public charge ground of inadmissibility and are part of the recent update to these regulations:

• Family-Based Adjustment of Status Applicants Subject to the Public Charge Ground of Inadmissibility:
  • Spouses, children, and parents of U.S. citizens.
  • Unmarried sons and daughters of U.S. citizens and their children.
  • Spouses, children, and unmarried sons and daughters of LPRs.
  • Married sons and daughters of U.S. citizens and their spouses and children.
  • Brothers and sisters of U.S. citizens.
  • Fiancé(e)s of U.S. citizens.
  • Amerasians based on preference category, born on or after December 31, 1950, and before October 22, 1982.
  • Spouses, widows, or widowers of U.S. citizens.

• Employment-Based Adjustment of Status Applicants Subject to the Public Charge Ground of Inadmissibility:
  • Priority workers.
  • Professionals with advanced degrees or noncitizens of exceptional ability.
  • Skilled workers, professionals, and other workers
  • Investors

• Special Immigrant Adjustment of Status Applicants Subject to the Public Charge Ground of Inadmissibility:
  • Religious workers
  • Certain employees or former employees of the U.S. government abroad
  • Panama Canal Zone employees
  • Foreign medical school graduates
  • Retired employees of international organizations
  • U.S. armed forces personnel
  • International broadcasters

• Other Adjustment of Status Applicants Subject to the Public Charge Ground of Inadmissibility:
  • Diplomats or high-ranking officials unable to return home (Section 13 of the Act of September 11, 1957).
  • Persons born in the United States under diplomatic status.
  • Diversity visa immigrants.
  • Certain entrants before Jan. 1, 1982.
  • S (Noncitizen witness or informant).

If you have questions regarding the Public Charge Law or your immigration status, contact an immigration attorney in San Diego. At Kannan Law, we are ready to serve you.