The “public charge” rule has been part of U.S. immigration law since 1882, though it wasn’t fully defined until May 1999 when the Immigration and Naturalization Service (INS) introduced the “1999 Interim Field Guidance.” This definition states that a “public charge” is someone who depends on the government for their basic needs, such as receiving public cash assistance or long-term care paid by the government. This guidance is still used today by the Department of Homeland Security (DHS) and the Department of State (DOS).
What is the Public Charge Rule Today?
In the past, the public charge rule mainly concerned immigrants relying on certain government assistance. Under the Trump administration, this rule expanded significantly, making it harder for people to qualify for green cards or visas if they were “likely” to need government help in the future. Two new public charge regulations were introduced in 2019 — one for those applying for green cards within the U.S. and another for those applying from outside the U.S.
However, these rules were challenged in court and, under the Biden administration, were reversed in 2021. The Biden administration then proposed a new version of the rule in 2022, which largely reflects the 1999 guidance. The 2022 rule defines a “public charge” as someone who relies heavily on government aid, including:
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- State or local cash assistance
- Medicaid or government-funded long-term care programs, such as nursing homes or mental health institutions
This new rule takes effect from December 23, 2022, and applicants will no longer need to submit additional forms like Form I-944 or DS-5540 when applying for permanent residency or a visa.
A History of Public Charge in U.S. Immigration Law
The public charge rule dates back to 1882, when Congress first gave the government the power to deny a visa to anyone who could not support themselves without becoming a “public charge.” Over the years, the definition of public charge evolved, with key updates in 1999, which made it clearer. Since then, the general standard has been someone who is “primarily dependent on the government for subsistence,” such as using public cash benefits or receiving long-term care at government expense.
For many years, the public charge rule did not impact most green card applicants because they were usually sponsored by a U.S. citizen or family member who could prove they had enough income to support them without relying on government assistance. This income threshold is set at 125% of the Federal Poverty Guidelines — currently about $21,137 for most couples without children.
How Did the 2019 Changes Affect Immigrants?
Under the Trump administration’s 2019 rule, the definition of “public charge” was expanded to include not only those receiving government assistance but also those “likely” to use public benefits in the future. This included benefits like food stamps, Section 8 housing assistance, and Medicaid. Applicants could be denied a visa or green card if they had used these benefits for more than 12 months over a 36-month period.
This rule also introduced a new form, the “Declaration of Self-Sufficiency,” which asked applicants to provide more financial details to show they could support themselves. This was in addition to the financial support from their sponsor.
Key Factors for Applicants Under the 2019 Rule
The 2019 rule required immigration officers to consider many factors, including:
- Age: Applicants under 18 or over 61 could be seen as less likely to work.
- Health: Medical conditions that could limit work ability were considered.
- Family Size: More dependents could increase the likelihood of a denial.
- Skills: Applicants had to prove they had the education, skills, and experience to find work.
- Financial Stability: Beyond income, applicants had to show they had enough savings or resources to avoid relying on government aid.
Who Was Affected?
This expanded rule applied to many green card applicants, including those applying through family sponsorship or employment. It also applied to temporary visa holders, such as those on H-1B visas, who needed to extend or change their status. However, the rule did not apply to individuals who were exempt from the public charge test, such as refugees or those who had been victims of domestic violence.
Exemptions and Special Cases
The public charge rule did not apply to all applicants. Some categories of people, like refugees, asylum seekers, and victims of domestic violence, were exempt from the rule. Furthermore, permanent residents (green card holders) could not be deported for becoming a public charge unless it happened within five years of obtaining their green card and it was related to conditions before they obtained it.
What About Sponsors of Green Card Applicants?
U.S. citizens or permanent residents who sponsor family members for green cards are required to sign an “Affidavit of Support,” promising to financially support the applicant. If the applicant uses public benefits, the government could seek reimbursement from the sponsor. However, the majority of green card applicants do not qualify for these benefits, so this generally doesn’t impact sponsors.
What’s Next?
The public charge rule has seen many changes over the years, and the Biden administration’s 2022 version has simplified the process and returned to a more balanced approach. It’s important for anyone navigating the immigration system to stay updated on these changes, especially if you are applying for a visa or permanent residency.
Stay Informed About U.S. Immigration Updates
Immigration law is constantly changing, and it can be difficult to keep up. Stay updated on any changes to the U.S. immigration system by following Law and Visas on social media. We provide up-to-date information and insights to help you navigate the process with ease.
(Note: This article was last updated on [Date], based on the latest information available regarding the public charge rule and changes in U.S. immigration law.)
