USCIS Public Charge Inadmissibility Rule Will Go Into Effect In December 2022

By: Gladys Gervacio

U.S. Citizenship and Immigration Services (USCIS) announced the final rule on public charge ground of inadmissibility. This final rule explains how USCIS will determine when an individual is “likely to become a public charge” and become ineligible for legal permanent residency. It applies to individuals who may become primarily dependent on government assistance including receipt of cash assistance to maintain income or long-term institutionalization paid by the government.

The 1999 Interim Field Guidance on public charge inadmissibility will continue to apply until the new rule goes into effect on December 23, 2022. 

FACTORS TO BE CONSIDERED

USCIS will make their public charge determination 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 applicant (when required); and

If the applicant has ever received or are 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.

USCIS will not consider the following:

Benefits received by family members;

Supplemental Nutrition Assistance Program (SNAP) or other nutrition program 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

EXCEPTIONS TO THE FINAL RULE

Public charge inadmissibility does not affect certain applicants, such as:

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.

The final rule contains the full list of the exempt applicants. 

To find out whether the public charge will apply to you or for other questions related to inadmissibility, please contact your Chugh, LLP immigration professional.