*Public Charge Inadmissibility Rule*
Beginning February 24, 2020, certain individuals who apply to adjust their status in the United States will be subject to the public charge ground of inadmissibility. If you are processing your immigrant visa at the U.S. Embassy or Consular Office with interviews on or after February 24, 2020, you may be asked to complete the new public charge questionnaire form and will be evaluated under the new DOS public charge inadmissibility rule.
In deciding whether to grant an applicant a green card or a visa, an immigration officer must now utilize a “totality of the circumstances test” to determine whether an individual is likely to become dependent on certain government benefits in the future, which would make them a “public charge.”
It is important to note that, in making this determination, the immigration officer is supposed to consider all factors as it relates to future likelihood that the individual will become dependent on the government. The new rule requires the immigration officer to consider several factors, such as the person’s age, health, family status, assets, resources, financial status, education and skills, and can also consider an affidavit of support. The officer must weigh both the positive and negative factors to determine whether the applicant is likely to become a public charge. As such, receiving public benefits, such as vital health, housing, and nutrition programs, including federally funded Medicaid, SNAP benefits (formerly known as food stamps), and Section 8 housing benefits, does not automatically make an individual inadmissible under the public charge ground.
Who is exempt from the public charge inadmissibility grounds? The new public charge laws do not apply in the naturalization process, through which lawful permanent residents apply to become U.S. citizens. VAWA self-petitioners, U visa holders, T visa holders, asylees, refugees, and many more categories are also exempt from the public charge inadmissibility grounds.
Please contact our office to speak with an Immigration Attorney to determine how you or your family members are impacted by the public charge inadmissibility ground.
