New Public Charge Rule

On December 23, 2022, the Department of Homeland Security’s new public charge rule went into effect. Here is what you need to know:

Who is affected by the new rule?

The new public charge rule only applies to certain people who are applying for adjustment of status in the U.S. If you have an adjustment of status case through a family member and have not submitted your application yet, the new rule applies to you.

If you have a family-based adjustment of status case and you already filed your application, the new rule does not apply to you.

The new rule does NOT apply to anyone who is applying for adjustment of status based on a U Visa, a T Visa, or VAWA. It also does not apply to anyone who must apply for their immigrant visa at a U.S. consulate abroad.

What is a public charge?

According to the new rule, a “public charge” is a person who is likely to become primarily dependent on the government for subsistence or long-term institutionalized care at the government’s expense. To decide whether someone is likely to become a public charge, the government considers several factors, including age, health, family status, assets, resources, financial status, and educational skills. The government can also consider current and/or past receipt of public benefits by the applicant.

The new rule does NOT consider any public benefits received by the applicant’s family.

I think I’ve received public benefits. What can I do?

If you are undocumented in the U.S., you are probably not eligible for public benefits, so it is unlikely that you’ve received any. Emergency medical assistance, hospital charity, and other private charities do not count as public benefits. Benefits for your children or spouse, such as medical coupons, food stamps, or school lunches, will not count against you either. The government will only consider benefits received by the applicant directly.

Remember, a person will only be deemed a public charge if they, at any point, are likely to become primarily dependent on the government for subsistence or long-term institutionalized care at the government’s expense. For most people, that’s a very unlikely scenario, even if they’ve received help in the past.

Immigration lawyer Inna Scott and her team at Global Law Advocates specialize in helping immigrants of all kinds gain legal status and other immigration benefits in the United States. To consult with an experienced attorney about your immigration options, call us at 206-774-8758 or send us an email at info@globallawadvocates.com.