DHS Final Public Charge Rule Goes into Effect

The Department of Homeland Security’s (DHS) last final public charge rule went into effect on December 23. The new rule will determine if permanent resident applicants are likely to become a “public charge” to the US government in the future.

The updated version includes additional questions about a green card applicant’s household size, income, educational background, and previous use of government benefits. Applicants for Adjustment of Status will now need to use the recently published edition of the Form I-485 (12/23/22) which can be found on the USCIS official website for green card applicants to file moving forward.

When determining inadmissibility due to public charge, DHS will consider the applicant’s:

• age
• health
• family status
• assets, resources, and financial status
• education and skills.

It will also consider:

• an Affidavit of Support
• and prior or current receipt of supplemental Security Income (SSI)
• cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF)
• State, Tribal, territorial, or local cash benefit programs for income maintenance (General Assistance)

DHS will not consider non-cash benefits, other than long-term institutionalization at government expense.