August 19, 2019

USCIS Announces Public Charge Rule

New Public Charge Rule

13 States Sue DHS

California Sues DHS

Public Charge Rule is Expanded
How Does This Affect You?

DHS issued a new public charge regulation on August 15, 2019. The regulation will primarily affect persons who apply immigration benefits starting on October 15, 2019. It is anticipated that the State Department will adopt the same standards when deciding whether or not to grant an immigrant or nonimmigrant visa abroad.

Applications and petitions already pending on or before the effective date of the rule will be adjudicated based on the current standard.

The term "likely at any time to become a public charge" is a ground of inadmissibility found in INA § 212(a)(4). The new rule redefines what this means in the following ways:

Application of Public Charge Rule: Primarily Dependent vs Likely Receipt

The public charge ground of inadmissibility used to be applied only to persons who might become "primarily dependent" on designated state and federal programs for more than half of their income or support. The new rule broadens the definition to apply to those who are determined to be more likely than not to receive a broader list of benefits for more than 12 months in the aggregate within any 36-month period.

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Addition of 5 New Benefit Programs

The new rule expands the list of state and federal programs that can be considered when applying the public charge test.

Previously, the agency only considered the following 4 programs:

• Supplemental Security Income (SSI)
• Temporary Assistance to Needy Families (TANF)
• State General Relief or Assistance
• A Medicaid program that covers institutionalization for long-term care

The new public charge rule adds the following 5 additional programs to the list:

• Non-Emergency Medicaid
• Supplemental Nutrition and Assistance Program (SNAP, formerly food stamps)
• Section 8 Housing Choice Voucher Program
• Section 8 Project-Based Rental Assistance
• Public Housing

Focus on 5 Statutory Factors

Under the new public charge rule, USCIS officers will shift attention away from the petitioning sponsor's income and focus instead on the following 5 factors:

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