Broadening of Rule on Inadmissibility on Public Charge Grounds

The law provides that in applying for an Adjustment of Status to lawful permanent resident, USCIS may find a foreign national inadmissible, or ineligible for a green card, because s/he is likely to become a “public charge.” But a new rule, which will go into effect in mid-October 2019, will significantly broaden existing law.

Under current law, immigrants must prove that they will not become “primary dependent” on certain cash welfare programs. The new rule changes this standard, stating that “public charge” has been interpreted to mean a person who is “primarily dependent on the Government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at Government expense.” As a consequence, the rule states, a foreign national’s “reliance on or receipt of non-cash benefits such as the Supplemental Nutrition Assistance Program (SNAP), or food stamps; Medicaid; and housing vouchers and other housing subsidies” will be considered in making a determination on admissibility.

If a foreign national “receives one or more designated public benefits for more than 12 months in the aggregate within any 36 month period,” s/he will be considered likely to become a public charge. This will render the foreign national inadmissible, or ineligible to adjust his/her status to lawful permanent residence. According to the Migration Policy Institute, nearly half of all new immigrants are at risk of visa denial under the new rule.