Public Charge Rule Permanently Blocked Nationwide!
The Trump-era public charge regulations are no longer in effect. DHS/USCIS will follow the policy in the 1999 Interim Field Guidance. Under this policy, it is safe for immigrants and their families to access health, nutrition, and housing programs for which they are eligible.
What is public charge?
- The US Department of Homeland Security (DHS) assesses individuals seeking admission to the US or applying for a green card to determine if they would be a “public charge.”
- The public charge test only applies to individuals applying to enter the US, applying to become a lawful permanent resident (green card), or to green card holders who leave the US for over 6 months consecutively and seek to return to the US.
- The public charge test does not apply to refugees, asylees, survivors of trafficking, self-petitioners under the Violence Against Women Act, and special immigrant juveniles.
- Individuals who are considered a public charge may be denied entry to the US or denied a green card.
- Importantly, although the Trump Administration created expansions to the public charge test, today those expansions are no longer in effect. Immigrants and their families will not be at risk when accessing health, nutrition, and housing programs for which they are eligible.