Public charge - sustany/dvg GitHub Wiki

Public charge is the receipt of public benefits by an alien which could render them ineligible to become a lawful permanent resident. Under 8 U.S.C. � 1182(a)(4), �any alien who. . . is likely at any time to become a public charge is inadmissible.� 8 U.S.C. � 1103 delegates the power to administer and enforce immigration laws to the United States Citizenship and Immigration Services (USCIS), so they have the power to define �public charge� through regulations.�

Under a 2019 regulation, 84 FR 41292, any �alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period� would generally be ineligible to become a lawful permanent resident.�

In 2021, however, USCIS stopped enforcing the 2019 rule, finding it �was neither in the public interest nor an efficient use of limited government resources.� Instead of the 2019 rule, USCIS will apply the public 1999 Interim Field Guidance. That rule defines �public charge� as �an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) primarily dependent on the government for subsistence, as demonstrated by either (i) the receipt of public cash assistance for income maintenance or (ii) institutionalization for long-term care at government expense.� This means that USCIS will not consider an applicant�s receipt of Medicaid (except for long-term institutionalization at the government�s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.�