U.S. Citizenship and Immigration Services (USCIS) announced a final rule on the public charge ground of inadmissibility. The new rule will go into effect on December 23, 2022 and will apply to applications postmarked on or after that date. Until then, USCIS will continue to apply the 1999 Interim Field Guidance on public charge inadmissibility, as it has done since March 9, 2021. Under the new rule, USCIS formalizes an approach that allows it to follow the law, protect the country's interests, and address the fear and confusion that previously led eligible noncitizens to disenroll from public benefits (even when they were not subject to the public charge ground).
Under the final rule, USCIS will determine if a noncitizen is likely to become a public charge based on the following:
- Age, health, family status, financial status (including assets and resources), education, and skills;
- Whether a sponsor has submitted Form I-864, Affidavit of Support Under Section 213A of the INA, for the noncitizen (when required); and
- Whether the noncitizen has received or is receiving:
- Supplemental Security Income (SSI);
- Cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF);
- State, tribal, territorial, or local cash benefit programs for income maintenance (often called "General Assistance"); or
- Long-term institutionalization at government expense.
Under the new rule, USCIS will NOT consider the following when making a public charge determination:
- Benefits received by the noncitizen's family members;
- Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs benefits;
- Children's Health Insurance Program (CHIP) benefits;
- Medicaid (other than long-term institutionalization at government expense);
- Housing benefits;
- Any benefits related to immunizations or testing for communicable diseases; or
- Other supplemental or special-purpose benefits.
Under U.S. immigration law, public charge inadmissibility does not affect or apply to some applicants. That means the new rule will not affect a noncitizen if she or he is:
- Already a lawful permanent resident (in most cases);
- A refugee;
- An asylee;
- Applying for or re-registering for Temporary Protected Status;
- A special immigration juvenile; or
- Applying for or have T, U, or Violence Against Women Act (VAWA) status.
SOURCE: Federal Register: https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility
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