The Department of Homeland Security’s (DHS) final rule on the Public Charge Ground of Inadmissibility went into effect officially on Friday, December 23, 2022.
As announced in September, this final rule clarifies how the public charge ground of inadmissibility determination will be applied for individuals seeking admission to the United States or applying for an immigrant visa or adjustment of status.
The DHS will consider the following factors to determine whether an applicant is likely to become a “public charge”, and therefore inadmissible:
- The applicant’s “age; health; family status; assets, resources, and financial status; education and skills”;
- An acceptable Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on the applicant’s behalf when required;
- The applicant’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.
The DHS will not penalize applicants for receipt of noncash benefits, such as Supplemental Nutrition Assistance Program (SNAP – food stamps), Children’s Health Insurance Program (CHIP), school lunch programs, Medicaid (excluding long-term institutionalization), housing assistance, benefits related to immunizations or testing for communicable diseases or other supplemental or special-purpose benefits such as disaster assistance.
The USCIS released guidance to officers for the application of the new final rule, and began implementing this policy on applications filed on or after December 23, 2022. The agency also released an updated Form I-485, Application to Register Permanent Residence or Adjust Status, and I-485 Supplement A (if applicable) with the latest 12/23/2022 edition, which now include specific questions that address the above factors. Please note, USCIS will only accept the latest 12/23/2022 edition for new adjustment of status applications submitted on or after 12/23/2022. New applications submitted with a prior edition will be rejected. This change does not impact any applications filed before 12/23/2022 with the prior edition.
If you have any questions regarding the new public charge rule or the latest updates to the I-485 application form, or any immigration related matter, please do not hesitate to contact KILO Immigration, a Sacramento immigration law firm by filling out this contact form.