NEW PUBLIC CHARGE RULES FOR GREEN CARD APPLICANTS | MAJOR USCIS CHANGE

NEW PUBLIC CHARGE RULES FOR GREEN CARD APPLICANTS | MAJOR USCIS CHANGE

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USCIS has issued new guidance on how officers will evaluate the public-charge ground of inadmissibility in adjustment-of-status cases.

The change can affect how financial circumstances, household situation, health, age, education, employment, and other factors are reviewed in certain green card cases.

In this video, we explain:

• what “public charge” means,

• which applicants may be affected,

• why the Affidavit of Support may not be the end of the analysis,

• how USCIS can request a public-charge bond, and

• what applicants should prepare before filing.

⚠️ This does not mean every green card applicant will be denied for receiving benefits. The analysis depends on the law, the benefit involved, the applicant category, and the totality of the circumstances.

Today we are discussing an important new public-charge development that could affect certain Green Card applicants filing adjustment of status in the United States.

USCIS has issued new guidance explaining how officers will evaluate whether an applicant is likely to become a public charge.

So what exactly is changing?

First, public charge is an inadmissibility ground that applies to certain immigration applicants.

It does NOT apply in exactly the same way to every  tegory, and some applicants are exempt.

For applicants who are subject to the rule, USCIS can look at the totality of the circumstances.

That can include factors such as:

• age,

• health,

• family and household circumstances,

• assets and financial resources,

• education and skills,

• employment history,

• and the legally required Affidavit of Support when one applies.

This is important because some people believe that submitting Form I-864 automatically ends the public-charge analysis.

That is not necessarily correct.

A strong Affidavit of Support is extremely important in family-based cases, but USCIS may still consider the other legally relevant factors when the public-charge ground applies.

Another important issue is the use of public benefits.

Receiving a benefit does NOT automatically mean that a Green Card case will be denied.

The government must look at the type of benefit, whether it is legally relevant to the public-charge analysis, the immigration category, and the applicant’s overall circumstances.

So applicants should not assume that every government benefit creates the same immigration consequence.

The new guidance also discusses public-charge bonds.

In certain cases, USCIS may decide that an applicant who is otherwise inadmissible on public-charge grounds can be given an opportunity to submit a public-charge bond.

But this is not something an applicant should simply file on his or her own whenever there is a financial concern.

USCIS must first invite the applicant to provide the bond under the applicable procedure.

For people preparing an adjustment-of-status case, this means financial preparation becomes even more important.

Applicants should make sure that the record accurately explains:

• household income,

• the sponsor’s financial ability,

• employment,

• assets where relevant,

• education and job skills,

• health-insurance or medical circumstances when relevant,

• and any other factor USCIS may legally consider.

Important:

This does NOT mean that every low-income applicant will be denied.

It also does NOT mean that every person who has ever received a public benefit is automatically inadmissible.

The analysis is case-specific and depends on the law that applies to the applicant.

If you are preparing a Green Card application, especially after the new guidance takes effect, do not treat the financial section as a routine formality.

Review the entire public-charge record before filing.

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