On October 11, 2019, a federal judge in New York issued an injunction blocking the amended Public Charge rule. USCIS and DHS published the final rule on August 14, making many applicants inadmissible if an individual was “likely at any time to become a public charge.”
The temporary injunction prevents the amended Public Charge rule from taking effect on October 15, 2019, while the rule is being challenged in federal court.
The Public Charge requirement has been a policy for a long time but was never defined as expressly.
Previously, the agency only considered:
The final regulation adds five new programs to this list:
The final rule also states:
“DHS will only consider public benefits received directly by the applicant for the applicant’s own benefit, or where the applicant is a listed beneficiary of the public benefit. DHS will not consider public benefits received on behalf of another as a legal guardian or pursuant to a power of attorney for such a person. DHS will also not attribute receipt of a public benefit by one or more members of the applicant’s household to the applicant unless the applicant is also a listed beneficiary of the public benefit.”
In limited circumstances, USCIS will exercise discretionary authority to offer an otherwise inadmissible foreign national the opportunity to post a public charge bond. The final rule sets the minimum bond amount at $8,100. However, the actual bond amount will depend on individual circumstances.
About the author: Jon Velie has practiced Immigration law since 1993. He is CEO of OnlineVisas.com., the intelligent Immigration platform. Jon is an Amazon number one best-selling author of H1B Visa: Application & Approval, is regularly covered by major media and has won a number of international awards. Jon can be contacted at firstname.lastname@example.org or 405-310-4333 office or 405-821-5959 mobile.