On September 9, 2022, Department of Homeland Security (DHS) published the final rule on the “public charge” policy to reassure individuals seeking admission to the United State or applying for an immigrant visa or adjustment of status will not be penalized if they receive certain non-cash benefits. It will become effective on December 23, 2022 and will apply to admission, visa, and adjustment of status applications postmarked on or after that date.
An individual is determined to be a “public charge” if they are likely to become primarily dependent on cash assistance and long-term institutionalization at government expense.
This final rule reverses the 2019 rule DHS previously published on August 14, 2019 under the Trump administration, which expanded the type of benefits DHS considered to determine an individual as a “public charge” to include non-cash benefits and subsidies.
DHS will use the following criteria to determine whether an individual is likely to become a “public charge”:
- The individual’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
- The filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on the immigrant applicant’s behalf when required;
- The immigrant’s prior or current receipt of 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 the government’s expense.
DHS clarified that the Department will not consider benefits received by family members other than the applicant seeking admission or the immigration benefit. Certain non-cash benefits individuals may qualify for will also not be considered for public charge assessment. These include: Supplemental Nutrition Assistance Program (SNAP – food stamps), Children’s Health Insurance Program (CHIP), Medicaid (excluding long-term institutionalization), and housing assistance, benefits related to immunizations or testing for communicable diseases or other supplemental or special-purpose benefits such as disaster assistance.
If you have any questions regarding the new public charge rule and how it impacts admissibility, or any immigration related matter, please do not hesitate to contact KILO Immigration, a Sacramento immigration law firm by filling out this contact form.