https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility
Proposed Change to Public Charge Ground of Inadmissibility
Self-sufficiency has long been a basic principle of United States immigration law. Since the 1800s, Congress has put into statute that individuals are inadmissible to the U.S. if they are unable to care for themselves without becoming a public charge and federal laws have stated that foreign nationals generally must be self-sufficient. Despite this history, public charge has not been defined in statute or regulations, and there has been insufficient guidance on how to determine if an alien who is applying for a visa, admission, or adjustment of status is likely at any time to become a public charge.
The Law:
Section 212(a)(4) of the INA: Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible[…] In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien’s-(I) age; (II) health; (III) family status; (IV) assets, resources, and financial status; and (V) education and skills . . . .”
8 U.S.C. § 1601 (PDF)(1): “Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes.”
8 U.S.C. § 1601 (PDF)(2)(A): “It continues to be the immigration of the United States that aliens within the Nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations.”
DHS Proposed Rule:
A Notice of Proposed Rulemaking (NPRM) related to the public charge ground of inadmissibility under INA section 212(a)(4) was published in the Federal Register for a 60-day comment period. This allows members of the public to provide input on how DHS should administer this rule. After the comment period ends, DHS will carefully consider public comments and will publish a final rule in the Federal Register, along with the date it will go into effect.
This NPRM (proposed rule), if finalized, would enable the federal government to better carry out provisions of U.S. immigration law related to the public charge ground of inadmissibility. This proposed rule would change the standard that is used when determining whether an alien is likely at any time in the future to become a public charge, and is therefore inadmissible under section 212(a)(4) of the INA, ineligible for adjustment of status, or ineligible for admission or a visa. The rule would also make nonimmigrant aliens who are public charges generally ineligible for change of status and extension of stay. USCIS believes this proposal is more consistent with Congressional intent regarding the public charge ground of inadmissibility.
The proposed rule would apply to individuals seeking admission to the United States from abroad on immigrant or nonimmigrants visas, individuals seeking to adjust their status to that of lawful permanent residents from within the United States, and individuals within the United States who hold a temporary visa and seek to either extend their stay in the same nonimmigrant classification or to change their status to a different nonimmigrant classification.
This rule would not impact groups of aliens that Congress specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act, and special immigrant juveniles. Additionally, the rule excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.
Questions and Answers
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Q. When does this rule go into effect?
Q. What changes does the rule propose?
Q. Who is subject to the public charge inadmissibility ground?
Q. Who is exempt from this rule?
Q. Which benefits are included in public charge inadmissibility determinations?
Q. What amount of public assistance matters?
Q. What period of benefits receipt is considered?
Q. Whose benefits are considered?
Q. Which benefits are not considered?
Q. How will DHS determine whether someone is likely to become a public charge for admission or adjustment purposes?
Q. What factors weigh heavily in favor of a determination that alien is likely to become a public charge?
Q. What factors would weigh heavily against a determination that an alien is likely to become a public charge?