What Factors are Considered to Determine Who is Likely to Become a Public Charge under the New Final 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. We advised that the Final Rule will go into effect on December 23, 2022.

We further advised that under the new rule, a “public charge” is defined as likely at any time 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.

USCIS adjudicators, under the totality of circumstances test will consider:

– Applicant’s age, health, family status, assets, resources, financial status, education, and skills;
– An affidavit of support when required; and
– Current and/or past cash assistance for income maintenance or long-term institutionalization at government expense (with several exceptions).

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.