DHS

New Public Charge Rule is Now in Effect

On Dec. 23, 2022, the Department of Homeland Security’s, Public Charge Ground of Inadmissibility final rule went into effect which is making simple adjustment of status cases more difficult.

When making a public charge inadmissibility determination under this final rule, immigration will now have to consider an applicant’s:

  • Age; health; family status; assets, resources, and financial status; education and skills;
  • A sufficient Affidavit of Support Under Section 213A of the INA (when one is required);
  • prior or current receipt of: Supplemental Security Income, or SSI; Temporary Assistance for Needy Families, or TANF; long-term institutionalization at government expense; or
  • State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”).
DHS will not consider receipt of noncash benefits (for example, Supplemental Nutrition Assistance Program, public housing, school lunch programs, etc.) other than long-term institutionalization at government expense.

U.S. Citizenship and Immigration Services, or USCIS, has updated their forms to reflect the changes and the process is more difficult. We highly recommend you use an attorney to help with adjustment of status applications from this point on, even if it is not with our firm. For more information, give us a call at 972-418-0003.
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