The public charge rule was officially implemented on February 24, 2020 by the Department of Homeland Security (DHS) and the Department of State (DOS). It is a rule that targets certain classes of people who are seeking admission to the United States. Primarily, it targets people who have been petitioned by either a spouse or a family member and are now seeking to obtain their permanent resident card (also known as a “green card”). It DOES NOT target refugees, asylees, petitioners under the federal Violence Against Women Act, certain T and U visa applicants, and Afghans and Iraqis with special immigrant visas.
Under this rule, a person who has an approved family-based petition must prove that they will not be a “public charge” or become dependent on certain public benefits when applying for U.S. Permanent Residence. These public benefits include SNAP, TANF (Cash Assistance), Section 8 Housing, most forms of federally-funded Medicaid, and SSI. If the adjudicating officer has reason to believe you would become dependent on any of these public benefits in the future, you will most likely be found inadmissible to the U.S. and be denied U.S. Permanent Residence as a result.
There are exemptions to this rule. If the applicant used Medicaid while under the age of 21 years old or during pregnancy, these circumstances are exempt. Along with the implementation of the public charge rule, came a new USCIS form that must be submitted along with evidence that you are “self-sufficient”. If you are seeking to adjust your status to that of a U.S. Permanent Resident, the form that must be submitted is known as the I-944 Form. If you are planning to consular process, then you must submit Form DS-5540. Both forms require evidence of your education level, your language skills, your ability to obtain medical insurance once admitted to the U.S., your credit score, among other things. If you have questions about the public charge rule or want to know more, please contact Attorney Velez-Molina at 860-474-3705 or email her at jayna@abogadajmolina.com.
You can also visit the USCIS website for further details: https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet
