At Babila Law, we believe in empowering our clients with clear, accurate information about the U.S. immigration process. One of the key elements that can impact your immigration journey is the Public Charge Rule. This rule, implemented by the U.S. Citizenship and Immigration Services (USCIS), is designed to evaluate if an individual seeking a visa, admission, or adjustment of status in the U.S. is likely to become dependent on government aid or “likely at any time to become a public charge.”

In the eyes of the Department of Homeland Security (DHS), a public charge is a noncitizen likely to become primarily dependent on the government for subsistence. This determination is based on the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.

 

This Public Charge Rule applies to most noncitizens applying for lawful permanent residence (Green Card) through Form I-485, Application to Register Permanent Residence or Adjust Status. However, it is important to note that some noncitizens are exempt from the public charge ground of inadmissibility. A detailed list of exempt categories can be found in the USCIS Policy Manual, Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility, and the 2022 Final Rule.

 

When USCIS is making a public charge inadmissibility determination, they consider factors such as age, health, family status, assets, resources, financial status, and education and skills. This information is provided as part of the adjustment application (Form I-485) and the Report of Medical Examination and Vaccination Record (Form I-693).

 

In considering the public benefits, USCIS only accounts for an applicant’s current and/or past receipt of public cash assistance for income maintenance. This includes programs such as Supplemental Security Income (SSI), cash assistance under the Temporary Assistance for Needy Families (TANF) program, and state and local cash assistance programs that provide benefits for income maintenance. An applicant’s institutionalization for long-term care at government expense is also considered.

 

However, USCIS does not consider noncash benefits in making public charge determinations, apart from long-term institutionalization at government expense. Numerous public benefits such as nutrition, health, housing, education, childcare, disaster relief, and earned benefits are not considered in a public charge determination.

The Public Charge Rule adds another dimension to the U.S. immigration process, and it is critical to understand its potential implications and plan accordingly for a successful immigration journey. The legal team at Babila Law is adept at interpreting these complexities and providing necessary guidance.

 

We strive to help you understand the possible impact of the Public Charge Rule on your application and the potential consequences of being found a public charge. Our goal is to deliver personalized guidance to fit your unique situation, assisting you in making informed decisions throughout the immigration process.