The Department of Homeland Security’s (DHS) public charge ground of inadmissibility final rule becomes effective on December 23, 2022. The final rule brings back the historical understanding of public charge, as it was applied before the previous administration’s change to include supplemental public health benefits and nutritional assistance as part of the public charge determination for inadmissibility.
Under the final rule, DHS will consider an adjustment of status applicant’s age, health, family status, assets, resources, financial status, education and skills, and a sufficient affidavit of support (if required). An applicant’s prior or current receipt of Supplemental Security Income (SSI), cash assistance under the Temporary Assistance for Needy Families program (TANF), cash assistance programs for income maintenance, and long-term institutionalization at government expense will also be considered. Other than government covered institutionalization, DHS will not consider receipt of noncash benefits, such as public housing, food programs, health care programs including Medicaid and COVID care, and other vital services, in making a public charge inadmissibility determination. Therefore, only those applicants who are deemed likely to be dependent on cash aid for income maintenance or long-term care at government expense could be denied under the public charge ground.
It is important to note that certain applicants are exempt from the public charge ground of inadmissibility. This includes asylees, refugees, U nonimmigrants, T nonimmigrants, and VAWA self-petitioners, among others. Additional information can be found on the U.S. Citizenship and Immigration Services’ (USCIS) new Public Charge Resources page.