Resources on Public Charge

You may search for resources either by title or by month and year.

Radical changes to public charge inadmissibility assessment that were due to go into effect are now on hold. In the case of the Department of Homeland Security (DHS) regulations, multiple injunctions have prevented the final rule from going into effect. One of the court decisions, which enjoined the rules on a nationwide basis, has been appealed to the Second Circuit Court of Appeals. That appellate court recently denied the government’s motion for a stay of the injunction, but it is scheduling to hear the appeal on an expedited basis.

Posted on

CLINIC submitted comments in response and oppostion to the State Department’s Interim Final Rule, or IFR, titled “Visas: Ineligibility Based on Public Charge Grounds,” DOS-2019-0035; RIN: 1400-AE87. The State Department issued the IFR on Oct. 15, 2019, with the purported reason of aligning DOS’s public charge standards with those of the Department of Homeland Security. The rule went into effect on Oct. 15. However, the State Department has indicated that it will not implement the IFR until the related forms are approved by the Office of Management and Budget.

Posted on

The Catholic Legal Immigration Network, Inc., the American Immigration Lawyers Association, Boundless Immigration, the Center for Law and Social Policy, the Immigrant Legal Resource Center, and the National Immigration Law Center joined in requesting the Department of Homeland Security and U.S. Citizenship and Immigration Services delay the implementation of the Public Charge Rule. As of the date of this letter, USCIS has failed to publish forms and instructions regarding the implementation of the new rule. 

Posted on

CLINIC, along with several New York and national-level nonprofit organizations, filed suit on Aug. 27 in the federal court for the Southern District of New York to challenge the Trump administration’s final rule on public charge.

Posted on

The Department of Homeland Security, or DHS, published its final rule on Public Charge on Aug. 14, 2019. This is one of three related public charge rules. We expect to hear more soon about the other two from the Department of State and the Department of Justice. Below are the main messages you can use when asked to speak about this DHS Public Charge rule to your community, your church congregations, the media, or any group that is interested to learn about this policy change.

Posted on

The Department of Homeland Security (DHS) published its final rule on public charge in the Federal Register on Aug. 14. For a description of the public charge rule and its likely impacts, see CLINIC’s summary and FAQs.

Posted on

On August 14, 2019, the Department of Homeland Security (DHS) issued final regulations dramatically changing the assessment of public charge inadmissibility. Overall, the new regulations will make it much more difficult for an applicant for adjustment of status or admission to the United States to show that he or she is not likely to become a public charge. See summaries of pending lawsuits challenging the rule.

Posted on

The Department of Homeland Security (DHS) announced its much-anticipated version of its final changes to the public charge ground of inadmissibility. The agency has targeted an implementation date of October 15, 2019 when the new regulations will take effect. The following summary is based on language in a pre-publication version that was made available to the public today.

Posted on

CLINIC is among the more than 210,000 organizations and individuals that submitted comments in response to the Department of Homeland Security’s Notice of Public Rule Making (NPRM) entitled “Inadmissibility on Public Charge Grounds.” CLINIC opposes the NPRM, which would drastically change the definition and scope of the public charge ground of inadmissibility.

Posted on

On November 19, 2018 the Board of Immigration Appeals, or BIA, held that an applicant for adjustment of status who was admitted on a K-1 visa, fulfilled the terms of the visa by marrying the petitioner within the required 90 day period, and was later divorced, must submit an affidavit of support from the K-1 petitioner to establish that he or she is not inadmissible as a public charge.  Matter of Song, 27 I&N Dec. 488 (BIA 2018).

Posted on

On Saturday, DHS posted on its website the text of its much-anticipated proposed rule re-defining public charge.

Posted on

With no fanfare and little public notice, the Department of State (DOS) has amended the Foreign Affairs manual (FAM) to increase the burden of satisfying the public charge ground of inadmissibility for both immigrant and nonimmigrant visa applicants.

Posted on

This article covers the review and adjudication of the affidavit of support by United States Citizenship and Immigration Services and the State Department. Each agency applies a slightly different procedure, as seen in an “assessment letter” currently used by the National Visa Center and the Request for Initial Evidence used by USCIS. Bear in mind that each agency’s analysis and interpretation of the requirements, as well as its communication with the sponsor, is subject to frequent change.

Posted on

Since 1997, immigration law has required every petitioner in a family-based petition to complete an affidavit of support on behalf of the intending immigrant. The sponsor must either demonstrate the means to maintain an annual income equal to at least 125 percent of the federal poverty income line or obtain a joint sponsor who can meet that threshold.

Posted on