![]() The public charge concept was first established by Congress in 1882 in order to allow the U.S. The guidance used by the government since 1999 to decide whether someone is likely to become a “public charge” has been finalized into formal policy through the government’s agency rule-making process. Medicaid or other programs supporting long-term institutionalized care, such as in a nursing home or mental health institutionĪpplicants are not required to submit Form I-944 or DS-5540 when applying for permanent residency or a visa.State and local cash assistance, sometimes called “General Assistance”.Temporary Assistance for Needy Families (TANF), commonly known as “welfare”.The 2022 rule mirrors the 1999 Interim Field Guidance by defining a public charge as someone who is “primarily dependent on the government for subsistence,” as demonstrated by either (a) using public cash assistance for income maintenance or (b) institutionalization for long-term care at government expense. The Biden administration withdrew the 2019 rule in 2021, and proposed its own version of the rule in February 2022, which it finalized on September 9, 2022. The 2019 DHS rule was halted by the Biden administration on March 9, 2021, while the analogous DOS policy was paused indefinitely on Jdue to a court order. Neither version of the 2019 rule is still in effect. There were two versions of the regulation released in 2019: the DHS public charge rule, which applied to green card applicants within the United States, and the DOS public charge rule, which applied to those outside the United States. Where does the public charge rule stand now?ĭuring the Trump administration, the “Public Charge rule” was dramatically expanded to reduce the number of people who were eligible for green cards and other visas, by redefining what made them dependent on government benefits - or “likely” to be in the future. This is the current standard used by both DHS and the Department of State (DOS). This guidance defined a “public charge” as someone who is “ primarily dependent on the Government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at Government expense.” since at least 1882, but didn’t come to be formally defined until May 1999, when the former Immigration and Naturalization Service (INS), the agency which predated the Department of Homeland Security (DHS), released what is commonly referred to as the “ 1999 Interim Field Guidance.” The concept of a “public charge” has been part of immigration law in the U.S. ![]()
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