What Is the Public Charge Rule for U.S. Visa Applicants?

There are many US immigration regulations in place to determine whether a person is eligible to enter the United States or gain lawful permanent residence status. The public charge rule in an important piece of legislation affecting immigration law, and can seriously impact the application of visa applicants who want to live and work in the U.S. Many individuals looking to apply for a visa commonly ask what is the public charge rule for U.S. visa applicants and how it might affect them.

What Is the Public Charge Rule for U.S. Visa Applicants?

The public charge rule is a legal policy where U.S. immigration authorities determine if a green card or visa applicant has a high likelihood of becoming heavily dependent on government benefits, such as certain cash assistance programs. A person who is determined to be likely to become a public charge can be denied entry into the U.S. or have their application for adjustment of status denied as a result.

As of 2024, the Biden administration has used a more traditional interpretation when enforcing the public charge rule than was used under the Trump administration Under current policy , the public charge rule only focuses on whether a person would rely on cash assistance programs, including Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or long-term institutional care funded by the government.

Under the current public charge rule in 2024, other forms of non-cash-related government benefits, such as housing vouchers, food stamps, and Medicaid, are not considered. This means individuals who receive noncash benefits do not have to worry about jeopardizing their immigration status. Certain individuals, such as those designated for Temporary Protected Status (TPS) or those with refugee or asylee status, are exempt from the public charge rule.

By understanding the critical factors related to the public charge rule, including who is exempt from it, how it is assessed, and how to successfully show that you are not a potential for a public charge in your green card or visa application, individuals can increase their chances of a positive immigration case outcome.

How the Public Charge Rule Is Assessed

Immigration officials utilize a totality of the circumstances test to determine whether a visa or U.S. permanent residence applicant could potentially become a public charge. To do so, they consider various factors, such as financial resources and income, age, education and skills, health status, employment status, and family status.

A crucial part of any public charge determination is whether an individual has a sponsor who signs an Affidavit of Support or Form I-864. An Affidavit of Support is a legal document that involves a sponsor who agrees to financially support an individual should they fall into financial hardship. As reliable sponsors can provide a crucial safety net, this can help applicants avoid being considered a potential public charge.

Overcoming Public Charge Grounds of Inadmissibility

Based on the “totality of the circumstances" test, there are various legal strategies that can be leveraged to avoid having a U.S. visa application denied based on public charge grounds of inadmissibility. Individuals can ensure they have a strong Affidavit of Support from a well-documented sponsor, and provide critical documentation that shows existing financial stability, such as bank statements, tax returns, and proof of employment.

Individuals can also highlight their work history, education, and skills to highlight their employability. An experienced immigration attorney can provide invaluable guidance to support individuals who are concerned about the public charge rule or other U.S. immigration policies impacting their U.S. visa application.

FAQs

Q: How Do I Know If I Am Subject to the Public Charge Rule?

A: If you are applying for a green card or visa from abroad or within the United States, you could be subject to the public charge rule. The public charge rule is in place to determine whether you could likely become heavily dependent on forms of government assistance, such as cash benefits. While people applying for adjustment of status or family-based green cards may commonly be subject to this rule, other categories, such as refugees and asylees, are not.

Q: What Is the New Public Charge Rule 2024?

A: As of 2024, the public charge rule is based on the standard prior to 2019, meaning that only certain cash-related benefits such as long-term institutional care, Temporary Assistance for Needy Families (TANF), and Supplemental Security Income (SSI) are considered for making public charge determinations. Noncash benefits like housing assistance, food stamps, and Medicaid are no longer considered under this rule.

Q: Who Is Exempt From Public Charge Rule?

A: Various groups are exempt from the public charge rule, including U visa holders, Violence Against Women Act petitioners, asylees, refugees, Special Immigrant Juveniles, and people applying for Temporary Protected Status. To understand whether your application may be exempt from the public charge rule, it is highly recommended that you work with an immigration lawyer. They can help you understand the various laws that may impact your application.

Q: How to Overcome the Public Charge Grounds of Inadmissibility for Visa Issuance?

A: To overcome inadmissibility due to public charge, individuals can show they have financial stability by presenting evidence of income, assets, or employment, as well as sponsorship from a lawful permanent residence or U.S. citizen via an Affidavit of Support. By showing you are easily employable and have a good health and education background, you can further strengthen your case. An experienced attorney can help you leverage key strategies to optimally navigate the situation.

Reach Out to an Experienced New York Immigration Lawyer

Understanding various policies in place, such as the public charge rule, which may potentially impact your immigration processes, can be highly complex. An experienced and knowledgeable immigration lawyer can work closely with you to understand the details of your case and your immigration goals to help you design an optimal path forward based on current legal frameworks.

Contact a compassionate lawyer from Pollack, Pollack, Isaac & DeCicco, LLP today to get started with a consultation, and we can start discussing how we can help you.