Public Charge Rule and Immigrant Visa Applications

1. What is the Public Charge Rule?


The Public Charge Rule is a U.S. government policy that seeks to limit immigration of those who may rely on public benefits programs. The Rule was established by the Trump administration in 2019 and requires immigration officials to consider an individual’s use, or potential use, of public benefits programs when deciding whether to grant a green card or visa. The Rule has been challenged in court by many groups.

2. What are the new criteria for determining whether an individual is likely to become a public charge?


The new criteria for determining whether an individual is likely to become a public charge are:

1. Receipt of one or more public benefits, such as cash assistance, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Medicaid, SNAP (food stamps), housing assistance, or other benefits designated by the U.S. Department of Homeland Security (DHS).

2. Health issues that could affect an individual’s ability to support themselves financially.

3. Lack of private health insurance.

4. Low income and/or lack of financial assets or resources.

5. Lack of education, skills, or work experience that might affect an individual’s ability to earn an income and support themselves financially.

6. Age, as under 18 and over 61 years old can increase the likelihood of an individual becoming a public charge.

3. How has the definition of public charge changed?


The definition of public charge has changed since 1999, when the Immigration and Naturalization Service (INS) issued a regulation defining “public charge” as an individual who is “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” In August 2019, the Department of Homeland Security (DHS) issued a new rule that expands this definition to include an individual who is “more likely than not” to become a public charge at any point in the future. This new rule makes it much more difficult for immigrants to obtain a visa or green card, as it requires applicants to demonstrate they are financially self-sufficient and have adequate health insurance.

4. What are the implications of the Public Charge Rule for immigrant visa applications?


The Public Charge Rule has wide-reaching implications for immigrants seeking to obtain a visa. It requires immigrants to demonstrate that they are financially self-sufficient and have the ability to support themselves without relying on public benefits, or else risk being denied a visa. This could greatly limit the number of immigrants who are able to come to the United States because they may not be able to demonstrate that they have the necessary financial means. Those who are able to demonstrate financial stability may have to pay additional fees or provide more documentation in order to prove their eligibility. Additionally, this rule may discourage some immigrants from seeking needed benefits such as healthcare, housing assistance, nutritional assistance, and more due to fear of being denied a visa.

5. What documents will be requested to prove that an individual is not likely to become a public charge?


Documents that may be requested to prove that an individual is not likely to become a public charge include evidence of financial resources, such as bank accounts, tax returns, pay stubs, and other financial information. In addition, the individual may need to provide proof of health insurance coverage and/or documents that demonstrate the ability to pay for healthcare expenses. The individual may need to provide proof of education, job skills, and employment history.

6. Are there exemptions to the Public Charge Rule for certain individuals?


Yes, there are exemptions for certain individuals to the Public Charge Rule. These include individuals who are seeking admission or adjustment of status as a refugee or asylee, individuals granted withholding of removal, individuals granted protection under the Convention Against Torture (CAT), and individuals seeking adjustment of status based on an application for registry. These exemptions are subject to change and additional exemptions may be added in the future.

7. Are there any exceptions to the Public Charge Rule for humanitarian reasons?


Yes, there are some exceptions to the Public Charge Rule for humanitarian reasons. For example, individuals applying for certain types of humanitarian visas, such as U visas, T visas, or VAWA self-petitioner status, are not subject to the Public Charge Rule. Additionally, individuals who are victims of trafficking or certain criminal activities may also be exempt from the Public Charge Rule.

8. How will the Public Charge Rule affect family-based immigration petitions?


The Public Charge Rule will make it more difficult for people to obtain a visa or green card if they are likely to become primarily dependent on the government for subsistence. This could significantly affect family-based immigration petitions in which the sponsor is required to demonstrate that the sponsored immigrant will not become a public charge. The sponsor may be required to provide additional evidence of their income and assets, as well as evidence of the sponsored immigrant’s income and assets.

9. What changes have been made to the Form I-944, Declaration of Self Sufficiency, as a result of the Public Charge Rule?


As a result of the Public Charge Rule, changes have been made to the Form I-944, Declaration of Self Sufficiency. These changes include:

1. An expanded list of factors that officers may consider when determining whether an individual is likely to become a public charge.

2. New questions that require applicants to provide more detailed information about their financial resources, such as income information, assets, and liabilities.

3. A new requirement that applicants submit specific types of documents, such as tax returns or financial statements, to support their self-sufficiency declarations.

4. New criteria for evaluating an individual’s credit history, including an evaluation of whether they have an unpaid debt such as a loan or fine.

5. A revised affidavit of support form that includes additional information about the sponsor’s ability to financially support the applicant.

10. How does a person’s income affect their public charge status?


A person’s income can affect their public charge status if it is below the minimum required amount by the government for that particular benefit or service. Since the income requirements for public charge benefits are usually established at a federally determined poverty level, a person’s income will need to be below that amount in order to qualify. Income can also be taken into consideration when determining whether or not a person is likely to become a public charge in the future.

11. Is there a certain level or amount of income that will make an individual ineligible for immigration benefits under the Public Charge Rule?


No. Ineligibility for immigration benefits based on the Public Charge Rule is determined by review of an individual’s income, household size, assets, health, education, skills, family status, and other factors. There is no set level of income or assets that automatically make an individual ineligible.

12. Does an individual’s receipt of public benefits, such as Medicaid or food stamps, automatically make them a public charge?


No, an individual’s receipt of public benefits does not automatically make them a public charge. Public charge is a term used to refer to someone who is primarily dependent on the government for subsistence. To be considered a public charge, an individual must meet certain criteria, such as receiving certain forms of public assistance for more than 12 months in a 36-month period or having a household income below 125% of the federal poverty guidelines.

13. Are individuals who are receiving public benefits allowed to apply for immigrant visas or permanent resident status?


Yes. Individuals who are receiving public benefits may apply for immigrant visas or permanent resident status, but they may also be subject to a public charge determination by the Department of Homeland Security.

14. How does an individual’s health affect their public charge status?


An individual’s health can affect their public charge status if they are unable to financially support themselves due to illness or disability, or if they receive government benefits to cover medical care. If an individual has a serious medical condition and is likely to become a public charge, they may be denied admission or adjustment of status.

15. Are individuals with certain medical conditions automatically disqualified from receiving an immigrant visa?


No, individuals with certain medical conditions are not automatically disqualified from receiving an immigrant visa. However, medical conditions that are a threat to public health or safety may require a waiver or additional evaluation before a visa is issued.

16. What evidence can be provided to demonstrate that an individual is not likely to become a public charge on their immigrant visa application?


Evidence that could be provided to demonstrate that an individual is not likely to become a public charge on their immigrant visa application includes proof of financial stability, e.g. bank statements, proof of employment or other sources of income, health insurance details, and any other documentation that shows the individual is financially secure and able to support themselves.

17. How do sponsors’ incomes and assets affect an individual’s application for immigrant visas or permanent residence?


Sponsors’ incomes and assets can have a significant effect on an individual’s application for immigrant visas or permanent residence. In order to be approved for these visas, the immigrant must demonstrate that they have the financial resources to support themselves upon entry into the country. The sponsor must provide proof of income, such as tax returns or pay stubs, and documents proving the sponsor’s assets, such as bank statements or property records. The sponsor must also provide a signed affidavit of support, which states that they will financially support the immigrant for at least 10 years. The income and asset requirements vary based on the individual’s relationship to the sponsor and their country of origin. In some cases, the income level must meet a certain threshold in order to be approved for the visa or permanent residence.

18. Are there any waivers available to individuals who are deemed likely to become a public charge?


Yes, many people are eligible for waivers which will exempt them from the public charge determination. These waivers are available to individuals such as those with medical conditions, those fleeing persecution, those who have served in the military, and others. Additionally, many states have their own waivers that they offer to individuals who are deemed to be a likely public charge.

19. What are the penalties for individuals who are found to be in violation of the Public Charge Rule?


The penalties for individuals found to be in violation of the Public Charge Rule include fines, deportation, and ineligibility to enter or remain in the United States.

20. How will USCIS officers evaluate an individual’s application for an immigrant visa or permanent residence in light of the new Public Charge Rule?


USCIS officers will consider information about the individual’s current and past financial circumstances, health insurance coverage, education, and employment history. Additionally, officers will consider any affidavit of support provided by the applicant’s sponsor or other sources of income, including any public benefits received in the past and expected in the future. Finally, officers will review the individual’s household income and assets to determine whether they reach or exceed the requisite income requirement for the applicant and any dependents.