US to Broaden ‘Public Charge’ Rules for Green Card Applicants from September 18
Officers can consider an applicant's financial resources, family circumstances, age, health, education, employment and skills, as well as the use of means-tested public benefits.
Hyderabad: Starting September 18, the US Department of Homeland Security (DHS) will implement a rule granting immigration officers greater discretion in determining whether certain applicants for permanent residency are likely to become a “public charge”.
The new rule removes the detailed framework introduced in 2022 for determining who may be considered a “public charge”, or a person likely to depend on government aid. DHS officers will instead be able to assess an applicant's overall circumstances on a case-by-case basis.
The rule also expands the range of means-tested public benefits that officers may consider. Under the 2022 framework, officers were restricted in the benefits they could take into account. From September 18, they can consider all means-tested public benefits received on or after the rule takes effect, where relevant to the public-charge assessment.
Officers can consider an applicant's financial resources, family circumstances, age, health, education, employment and skills, as well as the use of means-tested public benefits.
The rule is particularly relevant to those seeking adjustment of status to lawful permanent resident, including eligible employment-based immigrants applying through Form I-485 for green cards.
DHS said the rule is intended to ensure that applicants can support themselves through their own resources, family, sponsors or private organisations rather than relying on public resources.
Receiving a public benefit will not automatically result in denial of a green card, as officers are required to consider the applicant's overall circumstances.
The rule also retains provisions for public-charge bonds in applicable cases. Describing the bond, USCIS said, “A public charge bond is a financial guarantee where individuals or companies pay a cash bond or post a surety bond with USCIS as an assurance that the alien will not become a public charge.”
If an applicant is found inadmissible solely because they are considered likely to become a public charge, USCIS can require a cash or surety bond. If the applicant posts the bond after being invited to do so by USCIS, the application can be approved, and the applicant granted a green card.
The change could affect thousands of Indians awaiting permanent residency in the US, as applicants required to post a public-charge bond could have to provide hundreds or thousands of dollars as a financial guarantee.