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US green card rules change from September 18: What new ‘public charge’ test means for Indians
US public charge rule changes take effect September 18, affecting green card applicants and outlining benefits, exemptions and key eligibility factors.
Close to 140,000 green cards are available annually, and the limit was set by the US Congress in 1990. (File Photo)
The US Citizenship and Immigration Services (USCIS) has issued new guidance on how immigration officers will determine whether certain applicants for lawful permanent residence are likely to become a “public charge”, as the Trump administration replaces the Biden-era framework with a broader case-by-case assessment.
The new rule finalised by USCIS comes into effect on September 18 and adheres to congressional intent that foreigners in the United States “be self-sufficient and not dependent on taxpayer-funded government benefits.”
The change could affect Indian nationals applying for US permanent residency through categories subject to the public-charge ground of inadmissibility.
What changes after September 18?
The development follows the Department of Homeland Security’s rescission of the 2022 public-charge regulations. USCIS has now issued policy guidance implementing the new framework, which takes effect on September 18.
No single factor, other than the lack of a sufficient required Affidavit of Support, can by itself determine that an applicant is likely to become a public charge.
USCIS specifically states that starting September 18:
Receipt of any means-tested public benefit such as cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit may be considered in a public charge determination.
Applications for, approval for, or certification to receive means-tested benefits may also be considered public charge.
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Who is subject to Public Charge?
USCIS said in its latest update that any applicant who is seeking adjustment of status to a lawful permanent resident is subject to the public charge ground until they are applying for an immigration category that remains exempt.
Family-based immigrants that are subject to public charge:
- Spouses, children, and parents of US citizens
- Unmarried sons and daughters of US citizens and their children
- Spouses, children, and unmarried sons and daughters of LPRs
- Married sons and daughters of US citizens and their spouses and children
- Brothers and sisters of US citizens
- Fiancé(e)s of US citizens
- Widows or widowers of US citizens
Employment-based immigrants that are subject to public charge:
- Priority workers
- Professionals with advanced degrees or aliens of exceptional ability
- Skilled workers, professionals, and other workers
- Certain employees or former employees of the US government abroad
- Panama Canal Zone employees
- Foreign medical school graduates
- Retired employees of international organizations
- International broadcasters
- Diversity visa immigrants
Who is exempt from Public Charge?
- Asylees and refugees
- Amerasian immigrants at admission
- Special immigrant juveniles
- Applicants for registry
- Applicants seeking Temporary Protected Status
- Victims of human trafficking (T nonimmigrants)
- Victims of qualifying criminal activity (U nonimmigrants)
- American Indians born in Canada who are not US citizens
Five factors determining Public Charge
USCIS officers will consider five statutory factors when making public charge inadmissibility determinations.
- Age
- Health
- Family Status
- Assets, resources, and financial status
- Education and skills
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