23, 2022, USCIS will administer the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance. 23, 2022, USCIS will apply the 2022 Final Rule. Q: How does USCIS administer the public charge ground of inadmissibility?Ī: For adjustment of status applications postmarked (or electronically filed, if applicable) on or after Dec. USCIS must apply this public charge inadmissibility determination to most noncitizens who are applying for lawful permanent residence (also known as a Green Card) when we adjudicate Form I-485, Application to Register Permanent Residence or Adjust Status.Īs explained in detail below, some noncitizens are exempt from the public charge ground of inadmissibility. Q: What is the public charge ground of inadmissibility?Ī: Congress established that a noncitizen’s application for a visa, admission, or adjustment of status can be denied if they are found “likely at any time to become a public charge.”įor DHS, a public charge inadmissibility determination is based on a noncitizen’s likelihood of becoming primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. Questions and Answers About Public Charge When in doubt, please seek information from a trusted source, including federal, state or local government agencies. These resources also describe the steps we are taking to communicate with the public about current public charge policies. You may seek pandemic-related benefits and services (including food assistance, housing programs, and others) for which you are eligible-without fear of negative consequences to your immigration status. We also encourage everyone, including noncitizens, to seek necessary medical care, including treatment or preventive services for COVID-19. For more information on COVID-19 vaccines, please visit the DHS statement on COVID-19 vaccines and. We do not consider vaccinations when making public charge inadmissibility determinations. In fact, we encourage everyone, regardless of immigration status, to receive the COVID-19 vaccine. You can continue to receive the care you and your family need to protect your health and limit the spread of COVID-19. These resources include information about the public benefits that we do not consider when making public charge inadmissibility determinations.įor example, we do not consider vaccines or public benefits specifically related to the coronavirus (COVID-19) pandemic. Our question-and-answer section, infographics, and other resources address common concerns and misconceptions about the public charge ground of inadmissibility. Please see our resources below to learn more about the 2022 Public Charge Ground of Inadmissibility Final Rule and how we now administer the public charge ground of inadmissibility. A central goal of our efforts is to promote equity and to prevent unfairness, consistent with law. citizen family members, are not deterred from obtaining access to important government services for which they are eligible to keep their families safe and healthy. We must ensure that immigrants and their U.S. One goal of this executive order is to reduce the confusion and fear that may have prevented immigrants and their families, including their children, from obtaining access to critical government services available to them. Consistent with Executive Order 14012, we are committed to restoring trust in our legal immigration system and identifying excessive or unjustified administrative and other barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits.
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