WHAT IS THE PUBLIC CHARGE RULE?

The Public Charge Rule is an immigration law that allows the denial of visas, green cards, or even entry to the country if the person seeking admission is likely to become someone who is dependent on government resources or aid due to a disability or lack of economic resources. The rule was first introduced in 1882 and has been subject to many changes since as the country grew in population. In 1999, guidance was issued defining a public charge as an individual who is primarily dependent on the government for basic food and cash assistance. This allowed lower-income applicants who did not primarily depend on government resources the ability to be granted a visa or green card. In 2019, U.S. Citizenship and Immigration Services (USCIS) announced a major change to the public charge rule, increasing the requirements in disclosure of paperwork and health and family history, making it much more difficult for immigrants to be approved for legal status here in the United States. Under the 2019 rule, USCIS required additional forms, documents, and fees to process applications. This resulted in massive delays and denials for applicants.

RECENT DHS DECISION REGARDING THE PUBLIC CHARGE RULE

As of March 9, 2021, the Department of Homeland Security (DHS) announced that the public charge rule will no longer be applied and that DHS is reverting back to the 1999 guidance for all pending and future applications. This means that USCIS is no longer to consider “Declaration of Self-Sufficiency” forms (I-944) or “Public Charge Questionnaire” forms (DS-5440). Someone seeking a green card through an adjustment of status will no longer need to submit many required documents which in the past included:

• Tax transcripts
• Proof of health insurance
• Educational degrees
• Proof of English proficiency
• Proof of assets, debts, and liabilities
• A U.S. credit report and score

This is a partial list of the information that USCIS will no longer consider or request due to the DHS announcement vacating the 2019 public charge rule and reverting back the guidance from 1999. If you have questions about the new application of the 1999 guidance, then it is important to speak to an experienced immigration attorney who can best guide you.

HOW DOES THIS AFFECT ME?

If you are a current or future green card applicant, then this decision will affect you directly. Under President Trump, the 2019 Public Charge Rule was designed to make it more difficult for lower-income applicants to be approved. Between all of the necessary paperwork, and the costs to prepare all of it (making copies, certified translations, etc.), applying for a green card became very difficult and very expensive over the past few years. President Biden campaigned on major immigration reforms, and the removal of the 2019 Public Charge Rule is the latest and most impactful step yet towards achieving those goals. If you have already submitted documents required under the old rule and your application is pending, then USCIS will no longer consider those documents and will determine your application on other required information. If you have received any requests for evidence with a deadline date after March 9, 2021, then you can likely ignore those requests as they were only permitted under the 2019 rule. A court challenge by several Republican-led states has been unsuccessful, so it looks like the 1999 guidance is here to stay for the foreseeable future. If you have questions about how the new/old rules might apply to you or your case, then give us a call today at You Are Home so we can help!

SCHEDULE A CONSULTATION WITH YOU ARE HOME TODAY!

You Are Home is proud to offer consultations with our immigration attorneys over the phone or videoconference on Zoom during the ongoing pandemic. To set up a consultation with one of our experienced immigration lawyers, you can do so online here. You will be able to have your general questions answered and any of your documents reviewed during this consultation. If you decide to continue to use You Are Home to help you further with your immigration case, then we will credit your consultation fee towards the cost of those services. Get the representation you need, let the experienced attorneys at You Are Home help you earn the legal right to live, work, study, and stay in the United States.