2 weeks ago
Trump's Expanded Public Charge Rule Creates Green Card Hurdles
The United States is changing how it decides whether some immigrants can receive green cards.
A new rule will begin on September 18.
Officials may look at whether applicants have used certain government programs.
These programs can include Medicaid, food stamps and housing assistance.
They may also consider an applicant’s age, health, money, education and family situation.
Benefits used by an applicant’s dependents may also be considered.
Some people, such as refugees, asylees and victims of human trafficking, are exempt.
Officials may sometimes allow an applicant to post a bond if they believe the person could become dependent on public assistance.
The change could make green card applications more difficult, including for many applicants from India.
The Trump administration expanded the public charge rule for green card and permanent residency applicants.
Starting September 18, USCIS may consider benefits including Medicaid, food stamps, housing aid and college financial assistance.
Officers may weigh an applicant’s age, health, family status, finances, education and dependents’ benefit use.
The rule rescinds Biden-era regulations and allows officers to consider whether applicants may become public charges.
Exemptions include refugees, asylees, certain Afghan and Iraqi nationals, trafficking victims and some other protected groups.
- Who
- The Trump administration and United States Citizenship and Immigration Services are implementing the expanded rule, affecting immigrants seeking green cards or permanent residency, including Indian applicants.
- What
- The public charge rule has been expanded to allow more government benefits and personal circumstances to be considered in green card and adjustment-of-status decisions.
- Where
- The rule applies to applications for permanent residence or adjustment of status in the United States.
- When
- The rule takes effect September 18; it was announced July 16 and published in the Federal Register on July 20.
- Why
- The Department of Homeland Security rescinded the 2022 Biden-era regulations and expanded the factors USCIS can use to assess whether an applicant may become a public charge.
Key facts
- Effective date
- September 18
- Applications covered
- Forms I-485 postmarked or electronically submitted on or after September 18
- Benefits considered
- Medicaid, food stamps, housing assistance, college financial aid, cash assistance and similar means-tested benefits
- Factors considered
- Age, health, family status, finances, education and dependents’ use of public benefits
- Potential action
- USCIS may invite an applicant to post a public charge bond
- Exemptions
- Refugees, asylees, certain Afghan and Iraqi nationals, certain Cuban and Haitian entrants, special immigrant juveniles, trafficking victims and certain other protected applicants
- Indian green-card recipients
- About 78,100 Indians, or 7%, received green cards in 2023
Quotes
USCIS official
A representative from U.S. Citizenship and Immigration Services
“"To make public charge inadmissibility determinations, USCIS officers will consider the five statutory factors and any other factor relevant to assessing the alien's likelihood at any time of becoming a public charge, including the alien's receipt of means‑tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit."”
rediff.com
Sources
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