The US government has introduced new changes to the “public charge” rules used to evaluate green card applications. These new rules will take effect from September 18. From that date, only the new application form (Form I-485) will be accepted, and older forms will no longer be permitted. Under the new rules, officials will more strictly assess whether applicants coming to the US are able to support themselves without relying on free government assistance. This determination will be based on factors such as the applicant’s age, health, family circumstances, assets, income, education, and work skills.
According to an order published by the Department of Homeland Security on July 20, the older 2022 rules have been rescinded. Under US law, individuals who rely entirely on government funds or welfare programmes are not granted visas or green cards. The primary objective behind this is to ensure that immigrants stand on their own feet rather than depending on government assistance funded by taxpayer money.
One key aspect of these changes is that assistance received from the government before September 18 will continue to be governed by the old rules, under which only direct cash assistance from the government or long-term medical care was taken into account. However, after September 18, officials will factor in all forms of free government assistance, including free housing, food stamps, and financial aid for education. That said, being unemployed, being of advanced age, or having a disability will not, by itself, make anyone directly ineligible. Each applicant’s circumstances will be assessed individually, and officials have clarified that those with the ability and health to work will not be held back solely on these grounds.
If an applicant meets all other eligibility requirements but faces only a single concern regarding potential dependence on government assistance, officials may offer them the option of posting a public charge bond. However, granting this option remains entirely at the discretion of officials. If, after September 18, a person who has posted such a bond subsequently receives any financial assistance from the government, the government will forfeit the bond amount they paid.
These new rules apply to spouses, children, parents, and siblings of US citizens, as well as those applying through employment-based categories. However, refugees, individuals granted asylum in the US, those renewing their green cards, applicants for citizenship, and victims of domestic violence are exempt from these rules.