Public Charge – Who is Subject to the Final Rule?
In past articles, we had advised that on September 8, 2022, the U.S. Department of Homeland Security (DHS) issued a Final Rule to restore the historical understanding of a “public charge” that had been in place since 1999, later replaced by a Trump-era new policy on September 9, 2019. We advised that the Final Rule will go into effect on December 23, 2022.
We discussed that under the final rule, a public charge is defined as an applicant likely at any time to become “primarily dependent” on the government for survival through either the receipt of public cash assistance for income maintenance, or long-term institutionalization care at government expense. Finally, we advised that USCIS adjudicators, under the, “totality of the circumstances test” will consider statutory factors, an affidavit of support when required; and current and/or past cash assistance for income maintenance or long-term institutionalization at government expense, to evaluate whether a person is likely to become a public charge.
Who is subject to the Final Rule?
The final rule will apply only to applicants for admission or USCIS adjustment of status (green card). It has no impact on the Department of State standards and procedures in place with respect to visa adjudications.
For additional questions on the New Public Charge Rule or any other immigration matter, contact our attorneys at the Law Offices of Azita M. Mojarad, P.C. Our experienced immigration attorneys can address your concerns and advise you of the proper course of action.