On
September 22, 2018, USCIS announced
a proposed regulation that would expand the criteria to determine whether or
not individuals seeking to enter and remain in the U.S. (either temporarily or
permanently) can financially support themselves and not be considered a “public
charge”. Current immigration law requires that federal agencies, such as USCIS
and the Department of State, determine whether individuals are considered
inadmissible to the U.S. if there is a likelihood they could become a “public
charge” at any point in the future. As such, those seeking to immigrate to the
U.S. must demonstrate that they should not be considered a public charge by
submitting evidence reflecting they will be able support themselves
financially.
Under
the proposed rule found here,
the Department of Homeland Security is proposing to expand the criteria upon
which an individual could be considered a public charge to include those who
previously or currently are recipients of designated public benefits such as
Medicaid, Medicare Part D Low Income Subsidy, Supplemental Security Income
(SSI), Supplemental Nutrition Assistance Program (SNAP or food stamps), and
Section 8 Housing benefits, amongst other federal, state, local, and tribal
benefits. The proposed rule would require USCIS adjudicators to make a
prospective determination based on the totality of the circumstances analysis and
consider the expanded criteria when determining the likelihood of an individual
being an eventual “public charge,” and to review such evidence on accompanying
Form I-944, Declaration of Self Sufficiency. The proposed rule may impact some Form
I-539 Applications to Change or Extend Status filings and employment-based Form
I-129 Petition for a Nonimmigrant Worker filing (e.g. H-1B classification), and
would apply to all I-485 Adjustment of Status Applications. The proposed rule
would not apply to asylees, refugees, or other vulnerable classes of
individuals.
DHS
is required by law to utilize notice-and-comment rulemaking and consider and
respond to public comments before finalizing any rule. The public comment period will last 60 days,
commencing the day the proposed rule is published in the Federal Register. Any final “public charge” rule and associated
Form I-944 is not expected until 2019 at the earliest.
Questions?
Feel free to contact
the Office of International Services.