By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio
On August 14, 2019, the U.S. Department of Homeland Security (DHS) will publish the final rule defining immigrant inadmissibility under the “public charge” provision of the Immigration and Nationality Act (INA) for individuals using public benefits. The final rule will go into effect 60 days (October 13, 2019) from publication in the Federal Register.
Under the final rule, “public charge” is defined as individuals who receive one or more of the following government benefit programs for at least a total of 12 months within any 36-month period:
DHS will determine inadmissibility based on the “totality of circumstances,” if at any time in the future, an individual is likely to become a public charge, weighed by the following factors at the time of the application:
USCIS will apply the new public charge rule when adjudicating applications for individuals seeking:
PLEASE NOTE: Applications that are pending with USCIS or received prior to October 15, 2019 will continue to be adjudicated under the 1999 Interim Field Guidance.
The final rule would not impact the following:
USCIS may, in its discretion, offer an individual who is inadmissible only on the public charge ground to post a public charge bond of at least $8,100. The amount will change depending on the individual’s circumstances.
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