DHS Update

Understanding the DHS Final Rule on Public Charge

As of September 8, 2022, the DHS has issued a final rule on Public Charge Inadmissibility grounds, superseding the 2019 rule. Published in the Federal Register on September 9, 2022, the new guidance is set to take effect on December 23, 2022. The determination of inadmissibility due to public charge will now hinge on several factors:

  1. Noncitizen’s Profile: The noncitizen’s age, health, family status, assets, resources, financial status, and education and skills, as mandated by the INA.
  2. Form I-864 Submission: Filing of Form I-864, Affidavit of Support Under Section 213A of the INA, when required on behalf of the noncitizen.
  3. Receipt of Certain Benefits: Evaluation of the noncitizen’s prior or current receipt of specific benefits, including Supplemental Security Income (SSI), cash assistance under Temporary Assistance for Needy Families (TANF), and more.

Notable Exclusions in Public Charge Determinations

In a notable clarification, DHS has specified exclusions in public charge determinations:

  1. Family Members’ Benefits: Benefits received by family members other than the applicant will not be considered in public charge determinations.
  2. Certain Non-Cash Benefits: Receipt of certain non-cash benefits for which noncitizens may be eligible will not impact public charge determinations. These include SNAP, CHIP, Medicaid (excluding long-term institutionalization), housing benefits, and more.

Staying Informed and Prepared

As the DHS final rule on public charge undergoes significant changes, it becomes imperative for individuals and stakeholders to stay informed and understand the implications. Preparing for these alterations is crucial to navigate the immigration landscape effectively.

Conclusion: Embracing Change with Knowledge

The forthcoming changes in the DHS final rule on Public Charge Inadmissibility underscore the importance of staying informed and proactive. Arm yourself with the knowledge needed to adapt to the evolving immigration landscape.

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