Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

USCIS Announces New Public Charge Rule on Inadmissibility to go into Effect December 23, 2022

The U.S. Citizenship and Immigration Services (“USCIS”) has announced its final rule for the public charge ground of inadmissibility to go into effect on December 23, 2022.  USCIS will begin to apply the new rule to applications postmarked on or after that date. Until then, USCIS will continue to apply the 1999 Interim Field Guidance on public charge inadmissibility, as it has done since March 9, 2021.

When you apply to be admitted into the United States or become a lawful permanent resident, USCIS (and the United States Department of State) can deny your application if it determines that you are “likely to become a public charge”—meaning you might have to depend primarily on the government to support yourself, or if you have used government benefits while in the United States. The final rule sets out how USCIS will make this determination.

The new rule is designed to clarify the confusion for public benefits noncitizens are eligible.

What USCIS Will Look At:

Under the final rule, USCIS will determine if you are likely to become a public charge based on the following:

  • Your age, health, family status, financial status (including assets and resources), education, and skills;
  • Whether a sponsor has submitted Form I-864, Affidavit of Support Under Section 213A of the INA, for you (when required); and
  • Whether you have received or are receiving:
    • 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 government expense.

What USCIS Will Not Look At:

Under the new rule, USCIS will NOT consider the following when making a public charge determination:

  • Benefits received by your family members;
  • Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs benefits;
  • Children’s Health Insurance Program (CHIP) benefits;
  • Medicaid (other than long-term institutionalization at government expense);
  • Housing benefits;
  • Any benefits related to immunizations or testing for communicable diseases; or
  • Other supplemental or special-purpose benefits.

Under U.S. immigration law, public charge inadmissibility does not affect or apply to some applicants. That means the new rule will not affect you if you are:

  • Already a lawful permanent resident (in most cases);
  • A refugee;
  • A person seeking asylum;
  • Applying for or re-registering for Temporary Protected Status;
  • A special immigration juvenile; or
  • Applying for or have T, U, or Violence Against Women Act (VAWA) status.

For a full list of the categories of applicants exempted by Congress from the public charge ground of inadmissibility, see the final rule.

If you have questions about the pubic charge issue or other U.S. visa and immigration questions, please contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Supreme Court Hands the Trump Administration a Partial Victory in Ongoing Birthright Citizenship Litigation

The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders.  In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts. While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the

Read more >

When Do Sponsor Obligations End Under Form I-864?

For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end. When Will These Obligations End?  A sponsors obligations under a Form I-864 end when the sponsored immigrant: A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death. Divorce does not terminate the responsibility, and if the sponsor dies,

Read more >

F, M and J Student Visa Interviews to Resume with Enhanced Social Media Vetting

The United States Department of State (“DOS”) has instructed Embassies and Consulates to begin accepting new F, M, and J student visa application appointments following a temporary suspension. The pause was initiated to allow DOS to implement policy changes regarding social media vetting. After the suspension, e F, M, and J student visa applicants are required to make their social media accounts public for vetting purposes. In a DOS announcement, DOS will use all information available for “visa screening and vetting to identify visa applicants who are inadmissible to the United States, including those who pose a threat to U.S. national security. Under this new guidance, we will conduct a comprehensive and thorough vetting, including online presence, of all student and exchange visitor applicants in the F, M, and J nonimmigrant classifications.” The new policy, following the Department of Homeland Security’s decision to begin screening anti-Semitic online activity posted by

Read more >
Vietnam
icons8-exercise-96 chat-active-icon