Enterline & Partners Consulting | info@enterlinepartners.com

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

contact us today for more information

Latest News

Business Plans for Regional Center Investments

Before an EB-5 immigrant investor files a Form I-526E Petition for classification based on an investment in a Regional Center sponsors investment, the Regional Center must first file an application with the Secretary of Homeland Security (Form I-956F) for each particular investment offering in an associated New Commercial Enterprise (“NCE”). The Form I-956F application must provide comprehensive information regarding the proposed investment, its projected job creation, offering documents, potential risks, and compliance with applicable securities laws. Business Plan and Economic Analysis The Form I-956F application must include a comprehensive business plan for a specific capital investment project. In addition, the Regional Center must provide a credible economic analysis regarding estimated job creation, based on methodologies that are economically and statistically valid and transparent. The Form I-956F application must also include any documents that are required by law to be filed with the Securities and Exchange Commission (“SEC”) under the Securities

Read more >
10 Sai Lầm Hàng Đầu Cần Tránh Khi Xin Visa Mỹ

Top Ten Mistakes to Avoid When Applying for a U.S. Visa

Applying for a U.S. visa is not always difficult, but it can be easily underestimated. Many problems do not come from one major issue alone. They sometimes come from small mistakes that affect how the visa application is reviewed such as missing documents, inconsistent answers, the wrong visa category, or poor interview preparation. For visa applicants in Vietnam and the Philippines, these issues can be especially frustrating because many cases involve long-distance relationships, family sponsorship, prior travel history, financial records and consular interviews. Whether you are applying for a B-1/B-2 visitor visa (i.e. tourist visa), F-1 student visa, K-1 fiance(é) visa, CR-1 spousal visa or another U.S. immigration benefit, the underlying goal is to present a clear, accurate and complete case from the beginning. At Enterline and Partners, our U.S. immigration attorneys help visa applicants identify potential issues before filing. This guide explains the top mistakes when applying for a

Read more >

DOS Suspension of Immigrant Visa Processing

On August 21, 2026, the United States Department of State (“DOS”) suspended many immigrant visa processing at Embassies and Consulates worldwide. As a result of the pause, many immigrant visa applicants (including K-1 fiancé visa applicants) have had their  interviews cancelled. Immigrant visa applicants whose cases are currently undergoing processing, including those who were subject to 221(g) administrative review, have also had their cases placed on while DOS is providing additional training to consular officers concerning public charge inadmissibility. Although the suspension is temporary, DOS has not announced a specific date of when immigrant visa interviews and processing will resume.  In addition, the suspension is impacting only applicants who are consular processing at the respective Embassy or Consulate. Immigrant visa applicants whose cases are still pending or processing with the United States Citizenship and Immigration Service or the National Visa Center are not affected by the current situation. Enterline and

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo