New Public Charge Rule for Green Card Applicants
The Biden administration has released their final revision of the Trump-era public charge rule, which had previously barred noncitizens from obtaining green cards if they had received a government benefit for more than 12 months in any three-year period. The new rule, issued by the Department of Homeland Security (DHS), says that green card applicants will only be disqualified if they are likely to become primarily dependent on the government for subsistence. The agency’s announcement can be found here and the full copy of the revised rule is available here.
Under the new rule, DHS will determine whether individuals are likely to become public charges based on their age, health, financial resources, education and skills. DHS also will consider their prior or current receipt of supplemental security income and cash assistance. If DHS deems an individual likely to become a public charge, they will not be eligible for a green card.
DHS will no longer consider an individual's receipt of non-cash benefits such as food stamps, housing benefits, immunization-related support, and Medicaid, which had been disqualifying factors under the Trump administration rule. Benefits received by the green card applicant’s family members also will no longer be considered under the new rule.
For further background, the Trump-era public charge rule was established in 2019. After its announcement, there was a significant drop in enrollments for non-cash benefits that disproportionately impacted US citizen children and family-members in mixed-status households. In 2020, the Ninth Circuit U.S. Court of Appeals decided that the policy impermissibly expanded the definition of who counts as a "public charge,” with other courts around the country making similar rulings. DHS officially rescinded the rule in March 2021.
The revised rule will take effect on December 23, 2022.
This alert is for informational purposes only. Please contact us if you would like to discuss this development further.