H1B Visa Lawyer Blog
The Department of Homeland Security (DHS) on August 14th officially released the final “Public Charge” rule to the Federal Register for public inspection! This version of the “Public Charge” rule will take effect in 60 days from its release date. The rule will decrease the number of immigrants eligible for green cards and admission to the United States because of income and for certain use of public benefits. Ken Cuccinelli, Acting Director of USCIS stated, “Give me your tired and your poor who can stand on their own two feet and who will not become a public charge,”
Below is part of the *USCIS News Release:
*This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.
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DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.
Please review USCIS News Release, “USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility Law” for more details.
Updates:
USCIS (USCIS.gov), 8/12/19, Legal Resources:
Final Rule on Public Charge Ground of Inadmissibility
federalregister.gov
Federal Register – Inadmissibility on Public Charge Grounds
Source of Information:
USCIS (USCIS.gov),8/12/19, News Release:
USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility Law
CNN (CNN.com), 8/13/19, News Article with Video:
Cuccinelli rewrites Statue of Liberty poem to make case for limiting immigration