The Influence of the Public Charge Rule on Immigration Processes

1. The Influence of the Public Charge Rule on Immigration Processes A public charge refers to someone mainly reliant on government assistance (such as long-term care or public cash support) for subsistence. Although the term has been part of US immigration laws since the 19th century, a formal definition was only established by the Immigration and Naturalization Service in their 1999 Interim Field Guidance. The Department of Homeland Security (DHS) and the Department of State (DOS) continue to use this standard. Recent modifications to the rule Under the Trump administration, the Public Charge rule underwent significant changes to reduce the number of people eligible for visas, like green cards. New criteria were introduced to determine whether an applicant was or would likely become dependent on government aid. These changes led to two separate versions of the rule in 2019: 1.DHS Public Charge rule - This was applicable to green card applicants already residing in the U.S. 2.DOS Public Charge rule - This was applicable to applicants outside the U.S. The Biden administration revoked these changes on March 9, 2021, and a court order had already paused the DOS policy on July 29, 2020. Current status of the rule After revoking the 2019 rule, the Biden administration introduced a new version in February 2022, which was finalized on September 9, 2022. This version reinstated the 1999 definition of a public charge. Under the current rule, a public charge is someone who receives:  Supplemental Security Income  Temporary Assistance for Needy Families or welfare  State and local cash assistance or general aid  Programs that support long-term institutionalized care, like Medicaid Implications for immigrants Applicants will no longer need to submit forms DS-5540 or I-944 when applying for a visa or permanent residency. However, the Application for Adjustment of Status, or Form I-485, has been updated to include a section on public charge considerations. This

2. change impacts not only green card applicants but also those applying for temporary visas, such as H-1B visas for skilled workers. Need help? Consult a visa attorney in New York. If you have questions about the Public Charge rule or are facing issues with your current immigration status, a visa attorney in New York can offer expert guidance. Consult a reliable law firm like Berd & Klauss, PLLC, for assistance. To schedule an appointment, call 212-461-7152. With the ever-changing immigration landscape, having a visa attorney in New York on your side can make all the difference.