The Public Charge Rule Is Gone

Immigration news continues to charge ahead.  In this article, we are excited to announce that the “public charge rule” is officially over, which is wonderful news for thousands of people seeking immigration benefits in the United States.  

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The Public Charge Rule is Gone

We have come to learn that the public charge rule will no longer be enforced going forward.  This is wonderful news for many people who plan to apply for their green card. 

Let us begin the discussion by explaining what the “public charge rule” is.  This rule was enacted in 2019, and it allowed immigration officers to weigh various factors – such as somebody's age, English-speaking ability, employment history, and previous use of public benefits – to determine whether they thought that the immigrant or the person who was applying for immigration benefits would likely become a “public charge.”  In other words, whether they would be somebody that would be relying on certain government assistance in the future.  If the immigration officer determined after weighing these factors that the person was likely to become a public charge, then they could potentially deny that person's application for certain immigration benefits. 

Once the public charge rule went into effect in 2019, it faced many legal challenges.  It was the subject of multiple lawsuits and, over the last few years, it was regularly getting blocked, then reinstated, then blocked again, and so on. 

The Biden Administration has officially announced that it will no longer be enforcing the public charge rule, and USCIS issued a similar announcement as well.  Specifically, USCIS announced the following: 

“USCIS is no longer applying the August 2019 Public Charge Final Rule. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.”

As you can see, USCIS will no longer be enforcing the public charge rule of 2019.  Thus, USCIS will be using the 1999 standard for determining public charge, which is far less restrictive for new immigrants.  So, what about pending cases?  What if you received an RFE requesting information such as the Form I-944?  As the USCIS has stated, you are no longer required to submit the Form I-944 even if you receive an RFE about it – assuming the deadline to respond is on or after March 9, 2021.  Again, this is wonderful news for thousands and thousands of people planning to apply for their green card.  It makes obtaining a green card easier for people who would otherwise face these difficulties due to the public charge rule.