On September 8, 2022, The US Department of Homeland Security (DHS) issued a final rule on Public Charge Inadmissibility grounds. DHS has vacated the 2019 rule and the new guidance was published in the Federal Register on September 9, 2022. This new final rule will be effective December 23, 2022. Under this rule a determination of inadmissibility due to public charge will be determined based on the following:
- The noncitizen’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
- The filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on a noncitizen’s behalf when one is required; and
- The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.
- DHS will not consider in public charge determinations benefits received by family members other than the applicant.
- DHS will also not consider receipt of certain non-cash benefits for which noncitizens may be eligible.
- These benefits include Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.
