The “public charge” ground of inadmissibility is a provision that can deny visas, admission, or adjustment of status to individuals deemed likely to become reliant on government benefits. This U.S. Citizenship and Immigration Service (USCIS) public charge rule update is meant to simplify the process of addressing questions related to the public charge ground of inadmissibility on Form I-485, the Application to Register Permanent Residence or Adjust Status. By streamlining the adjudication process, officers can efficiently gather the necessary information without the need for additional Requests for Evidence.

The public charge ground of inadmissibility typically applies to those applying for visas, admission, or adjustment of status, but there are exceptions, and it does not apply to everyone. The following categories of individuals may be affected:

  • Nonimmigrants: People applying for temporary, nonimmigrant visas like business or tourist visas are impacted. Upon receiving a visa from a U.S. embassy or consulate, or pre-travel authorization from U.S. Customs and Border Protection (CBP), they can travel to the U.S. However, upon arrival, CBP will assess their admissibility, including the public charge evaluation.
  • Immigrants: Individuals applying for immigrant visas abroad undergo admissibility assessments, including consideration of the public charge rule, before receiving their visas.
  • Certain Lawful Permanent Residents: Returning to the U.S. after traveling abroad, lawful permanent residents are usually not subject to inadmissibility determinations. Yet, specific circumstances may lead to a public charge determination when they are considered applicants for admission.
  • Applicants for Adjustment of Status: In general, this rule applies to applicants for adjustment of status unless they are explicitly exempt from the public charge ground of inadmissibility. Various categories fall under this scope, such as family-based, employment-based, special immigrant, and other adjustment applicants.

 

However, the public charge rule does not apply to everyone. Numerous categories, such as asylees, refugees, certain military members, victims of human trafficking, or certain noncitizens under other laws, are exempt from this provision.

Even within the exempted categories, some individuals may still need to submit Form I-864, the Affidavit of Support, under some circumstances. For instance, noncitizens applying for adjustment of status based on an employment-based petition filed by a relative or an entity with a significant ownership interest held by a relative may be required to submit this form.

If you have questions about the Public Charge rule or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to ensure our clients get the right advice for their particular situations.

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