Public Charge Rule is No More | What to Know

If you have been affected by the public charge rule in the past, it is important to be aware of the updates that are being implemented. Read on to learn more about the public charge rule and what will occur going forward.

What Does “Public Charge” Mean?

In the 1800s, Congress created a statute stating that immigrants are inadmissible to the United States if they cannot care for themselves. If they cannot provide for themselves financially, they become what is known as a public charge. This means they need the assistance of public benefits that are provided by the government. For example, this can include Supplemental Security Income, Supplemental Nutrition Assistance Programs, Medicaid, certain housing programs, income maintenance, and more.

What Changes Have Been Made Regarding the Rule?

In 2019, the Department of Homeland Security implemented Inadmissibility on Public Charge Grounds final rule nationwide. This meant that any immigrants that were considered to be a “public charge” or determined to be one in the future by the Department of Homeland Security (DHS) would most likely be denied a Green Card.

Recently, the Biden administration has decided that the government “will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources,” according to The Department of Homeland Security. The Department of Homeland Security has recently stated, “‘the 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,’ said Secretary of Homeland Security Alejandro N. Mayorkas. ‘Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.'” Our firm will continue to keep you posted on any additional changes to immigration laws.

If you or a loved one has been denied a Green Card due to the public charge rule, contact our firm today to speak with an experienced attorney. Our firm is here to advocate for you throughout all of your immigration law matters.

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.