The Department of Homeland Security (DHS) and the Department of State (DOS) have each issued final regulations that dramatically alter how public charge inadmissibility is assessed. As background, DHS published its final rule on public charge in the Federal Register on Aug. 14, 2019, and DOS followed suit on Oct. 11, 2019, by publishing an interim final rule that mirrors the DHS rule. Both rules establish a new definition of public charge and new procedures by which USCIS adjudicators and consular officers will determine if an applicant for adjustment of status or an immigrant visa is likely to become a public charge. Although litigation is pending, challenging both the DHS and DOS regulations, they will be in effect as of Feb. 24, 2020. CLINIC’s public charge resources include a digest of developments on this issue that is updated on an ongoing basis. It includes the status of pending litigation. Other resources include a summary, FAQs, and webinar recordings about these new public charge rules; summaries of the USCIS Policy Guidance and Foreign Affairs Manual provisions on public charge inadmissibility assessment; and practitioner resources for working with clients. CLINIC is developing new materials to help practitioners understand the latest changes to public charge inadmissibility. Check here for new resources and updates.
Inform CLINIC as to how the rule is affecting your program!
If you are a CLINIC affiliate we need to hear from you about the impact or potential impact of the new public charge rule on your program, as well as any questions you may have about its contents and implementation. We may either answer your questions in a future FAQ or forward them to USCIS. Our survey is intended to collect information from affiliates who have already reviewed the final public charge rule and/or attended a training about the final rule.
DHS Regulations on Public Charge
DHS Regulations, Forms, and Policy Guidance
- DHS Final Rule
- USCIS Policy Manual
- I-944 Declaration of Self-Sufficiency
- I-945 Public Charge Bond
- I-356 Request for Cancellation of Public Charge Bond
Practitioner Resources (DHS)
- Document Checklist for Form I-944 Declaration of Self-Sufficiency
- Sample Cover Letter Adjustment of Status, Marriage to U.S. Citizen
- Client I-944 Questionnaire
- The USCIS Policy Manual on Public Charge: Summary for Immigration Practitioners
DOS Regulations on Public Charge
DOS Regulations, Forms, and Policy Guidance
Practitioner Resources (DOS)
- The State Department’s New FAM on Public Charge and Form DS-5540: Summary for Immigration Practitioners
- Public Charge Update: New Forms and Policy Guidance (02/19/20)
- Public Charge Update: Review of DOS Implementation (02/27/20)
Resources, Webinars, and Trainings on Public Charge
Choose a category below or search by title. For a full list of all Public Charge resources, visit our resource library.