What is the Definition of “Public Charge” under the “New” Rule?

In past articles, we had advised that on September 8, 2022, the U.S. Department of Homeland Security (DHS) issued a new Final Rule to restore the historical understanding of a “public charge” that had been in place since 1999, until it was replaced by a Trump-era new policy on September 9, 2019. This Final Rule will go into effect on December 23, 2022.

What does “public charge” mean under the new rule?

Under the Immigration and Nationality Act, a non-citizen who is “likely at any time to become a public charge is inadmissible.” The new public charge rule defines “likely at any time to become a public charge” as likely to become “primarily dependent” on government for survival through either the receipt of public cash assistance for income maintenance, or long-term institutionalization care at government expense.

The new rule further defines “primarily dependent” as “significant reliance on the government for support, and means something more than dependence that is merely transient or supplementary.”

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.