Public charge rule

The Department of Homeland Security has announced that the version of the “public charge” rule imposed by the previous administration on people seeking to immigrate is no longer in effect. The practical result of this for most of you is that you no longer have to submit an I-944 form when adjusting status to legal permanent resident. Note, however, the concept of “public charge” that existed prior to 2019 still exists in immigration law, and individuals may still be deemed inadmissible if an officer determines that the applicant is likely to become “primarily dependent on the government for subsistence, as demonstrated by either (i) the receipt of public cash assistance for income maintenance or (ii) institutionalization for long-term care at government expense.” Officers will consider the applicant’s age, health, family status, assets, resources, and financial status, and education and skills when making a public charge inadmissibility determination, but this evaluation will be more lenient than under the 2019 policy that has been revoked.

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