The change is particularly important for immigrants applying for adjustment of status through Form I-485, including employment-based green-card applicants.
Hyderabad:A new US immigration rule that gives officers wider discretion to decide whether an immigrant is likely to become a “public charge” will come into effect on Friday. The department of homeland security (DHS) is rescinding the 2022 public-charge regulations and returning to a broader, case-by-case assessment of applicants’ circumstances.
The final rule says officers will be able to consider all relevant facts when deciding whether someone is likely to become primarily dependent on public resources.
Under the new approach, officers can examine factors including an applicant’s age, health, family circumstances, financial resources, education, employment and skills, along with the use of means-tested public benefits. Unlike the 2022 framework, the assessment will not be confined to the narrower list of benefits and factors set out in that rule.
However, receiving a public benefit will not automatically result in a green-card denial. Officers must consider the applicant’s overall circumstances before deciding whether the person is likely to become a public charge.
The rule applies to green card applicants in the family-based, employment-based and diversity visa categories, along with religious worker applicants, and Temporary Protected Status (TPS) holders. Lawful green card holders who spent more than 180 days outside of the United States, who shall be treated as a new applicant for admission, will also be considered for the new rule.
The change is particularly important for immigrants applying for adjustment of status through Form I-485, including employment-based green-card applicants. Indian nationals make up a large share of employment-based immigrants waiting for green cards. The change will have severe implications for many Indians already in the US on work visas and other immigration categories.
The rule also retains provisions allowing public-charge bonds in applicable cases. A bond can serve as a financial guarantee that the applicant will not become a public charge. If USCIS requires a bond and the applicant posts it, the agency can approve the application if all other requirements are met.
