U.S. Citizenship and Immigration Services, or USCIS, has published a “pre-view” version of the Form I-485, Application to Register Permanent Residence or Adjust Status, that includes questions regarding the final rule defining public charge that will take effect on Dec. 23, 2022. The new I-485 will be available on that date—not earlier—and will also be mandatory beginning then.

CLINIC submitted comments on Jan.18, 2022, urging the DOS to rescind the IFR published on Oct. 11, 2019, regarding visa ineligibility based on public charge grounds.

The current public charge standard applies in different ways to Afghans seeking SIV status, humanitarian parole, asylum, and adjustment of status based on a family-based petition. Recent evacuees may also be eligible for a wider range of public benefits, which could complicate their later proving that they are not likely to become a public charge.

The Department of State (DOS) has amended the Foreign Affairs Manual (FAM) to provide current guidance on the agency’s interpretation of the public charge ground of inadmissibility.

On March 9, 2021, all enforcement of the DHS Public Charge rule ended, and the agency discontinued use of Form I-944. The agency also removed the rule from the Code of Federal Regulations. It is now reinstating the 1999 interim guidance on public charge.

The Biden campaign listed a number of immigration-related priorities that his presidency would tackle if elected. Most of these could be accomplished through executive orders, regulations, or changes to policies and procedures rather than requiring legislation.

This digest tracks public charge developments in reverse chronological order and includes links to additional related resources where applicable. This resource will be updated regularly.

Under the new Department of Homeland Security regulations, U.S. Citizenship and Immigration Services may consider a noncitizen’s assets, resources, and financial status as one factor when determining whether the individual is likely to become a public charge. As part of that evaluation, USCIS may consider the noncitizen’s credit history and credit score and other evidence of the noncitizen’s liabilities.

This chart summarizes the positive and negative factors that U.S. Citizenship and Immigration Services and the Department of State will consider in assessing whether an individual is inadmissible as likely to become a public charge.

Under new Department of Homeland Security and Department of State regulations, having health insurance is a positive factor in determining whether an adjustment of status or immigrant visa applicant is likely to become a public charge. This resource reviews the types of health insurance that may be available to intending immigrants, how each type of insurance is viewed by DHS and DOS, and the types of documentation that must be submitted to show enrollment or future enrollment in a health insurance policy.

The Department of State (DOS) announced that it will implement its final rule on public charge beginning on February 24, 2020. It recently published changes to the Foreign Affairs Manual (FAM) on public charge and the final version of Form DS-5540, Public Charge Questionnaire.

USCIS has announced that the new regulations will affect applications for adjustment of status postmarked on or after February 24, 2020.

The U.S. Citizenship and Immigration Services(USCIS), recently published Part G – Public Charge Ground of Inadmissibility in the USCIS Policy Manual as part of the agency’s implementation of the final public charge regulations. USCIS has announced that the new regulations will affect applications for adjustment of status postmarked on or after February 24, 2020. Overall, the new regulations and accompanying guidance will make it much more difficult for an applicant for adjustment of status or an immigrant visa to show that he or she is not likely to become a public charge.

DHS Final Rule on Public Charge – The Supreme Court on Jan. 27, 2020 issued a “stay” that temporarily lifted an injunction issued by a New York court barring the Department of Homeland Security, or DHS, from implementing its final rule defining the public charge ground of inadmissibility. This means that U.S. Citizenship and Immigration Services, or USCIS, can now implement this final rule when it adjudicates applications for adjustment of status.

On Aug. 14, 2019, the Department of Homeland Security (DHS) issued final regulations that dramatically change the assessment of public charge inadmissibility. Although the rule was enjoined by five district courts, the Supreme Court on Jan. 27, 2020 stayed the only nationwide injunction that had been in effect. That means that the agency is now able to implement the final rule throughout the United States except for Illinois, where a statewide injunction of the rule is still in effect. USCIS has announced that the new rules affect adjustment applications postmarked on or after Feb.