USCIS begins applying new Public Charge rules. What does this mean for you?
On February 24, 2020, USCIS will begin evaluating applications for adjustment of status to determine if the applicant might become a public charge - whether they would be likely to receive public funds or benefits, such as Medicaid/Medicare, Social Security Disability, Welfare, Public Housing or SNAP (Food Stamps) or other public cash funds or subsidies. Our office worked around the clock to make sure that every application was mailed out today so the new rules would not be applied. However, even if you did not mail your application out today, don’t let misinformation curb your enthusiasm to apply for adjustment of status to become a legal permanent resident. Here are some details to consider:
Public charge mainly applies to family petition applicants for adjustment of status, specifically, it applies to petitions filed by U.S. Citizens or Legal Permanent Residents for their family members;
The charge only applies to applicants filed within the United States at this time;
Medicaid received by applicants while under age 21, while pregnant and up to 60 days after a pregnancy, or during an emergency are not considered;
Particularly vulnerable applicants, such as VAWA, T and U visa self-petitioners, Special Immigrant Juveniles (SIJ), TPS, and asylum and refugees are exempt from the public charge ground of inadmissibility; and
The officer will examine up to 12 points to consider whether the applicant is likely to become a public charge for an aggregate of 12 months over the next 36 months. They will base some of their consideration on what benefits the applicant has received over the last 36 months. Relevant factors include the applicant’s age, education, medical conditions, and income/employment.
The USCIS “Totality of the Circumstances” Framework can be studied here: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf
As attorneys, we can evaluate your past and current factors, and whether it makes you likely to be considered a public charge. However, as an applicant, it is wise to review and consider these factors so you can prevent public charge circumstances while your application is pending.
“Knowledge is power. Information is liberating. Education is the premise of progress, in every society, in every family.”
~Kofi Annan, Ghanaian, Former Secretary General of the United Nations, 2001 Nobel Peace Prize Recipient.