The Public Charge Rule Is Changing

The US government offers financial support through Medicaid and other public financing services to everyone, including non-citizens. Receiving this help is practical, but the government may disqualify immigrants applying for permanent residency because of the pre-existing public charge rule.

Fortunately for immigrants, the Department of Homeland Security recently implemented a systemic change that can reduce the limitations of their permanent residency application. While the public charge rule still exists, the agency significantly pegged its effects.

Public Charge Rule Explained.

Initially, the public charge rule disqualifies applicants for permanent residency for relying on US government financial assistance programs. However, in 2020, the rule restriction expanded to applicants who are “likely” to rely on said government benefits. Subsequently, the DHS became keener about the applicants’ ages and medical conditions because these factors may determine applicants’ ability to work and provide for themselves. Without said ability, applicants will develop a higher tendency to depend on the government’s financial support.

On September 8, 2022, the DHS issued a final rule declaring that applicants may access health-related and other supplemental government services, including non-cash benefits, without triggering adverse immigration consequences. The adjusted public charge rule will take effect on December 23, 2022.

Effects on Immigrants

The updated public charge rule can be advantageous for legal immigrants and their beneficiaries. It means that the DHS cannot deny an application based a mere tendency for immigrants to request financial support. Applicants may remain eligible despite their financial standing and medical conditions.

Los Angeles Immigration Lawyers You Can Trust

The lifting of the old public charge rule can open more opportunities for immigrants. ALG Lawyers can is here can help make your Green Card application more successful.

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)