Foreigners seeking lawful permanent residence or the Green Card status in the US may encounter increased difficulties due to the new ‘public charge’ rule. This new requirement adds a financial layer to the process that many applicants have not dealt with before. In particular, family-based petition applicants will be affected, as they must post a Public Charge Bond if their immigrant visa application is denied.
Under the existing rules, an individual who is likely at any time to become a ‘public charge’ is inadmissible to the United States and ineligible to become a lawful permanent resident.
New Rule
Going forward, if USCIS finds an applicant inadmissible due to the public charge ground but otherwise admissible, they may be asked to post a Public Charge Bond. This bond acts as a financial guarantee. The objective is to ensure foreigners seeking a US immigrant visa will benefit the nation rather than be a financial burden.
The Department of State has initiated a pilot program enabling consular officers to ask specific immigrant visa applicants to secure a Public Charge Bond from USCIS. After applicants pay the public charge bond fee mandated by USCIS, consular officers may issue previously denied immigrant visas.
The amount is not fixed, as the consular officer will determine the bond amount based on a comprehensive assessment of each individual case’s circumstances.
There is a possibility for the refund of the public charge bond amount. USCIS will cancel the public charge bond if the foreigner is naturalized or acquires U.S. citizenship, or after five years of becoming a lawful permanent resident (LPR).
What is Public Charge?
USCIS defines ‘public charge’ as an individual who is likely to become 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.
Public charge rules are not universal. They apply only to select categories of applicants. They primarily affect individuals applying for a green card via family, and those undergoing Adjustment of Status (AOS) in the U.S.
Lawful permanent residents who currently possess a green card need not worry. They cannot be denied US citizenship for lawfully receiving any public benefits for which they are eligible. Immigrants do not face a public charge test when applying for U.S. citizenship or renewing a green card.
Which Benefits Are Considered?
Immigration officials can only evaluate benefits received by green card applicants themselves, excluding those utilized by family or household members, unless those benefits are the sole income for the family.
Most applicants for family-based green cards do not qualify for these benefits. This means the rule may affect fewer applicants than it first appears. The only benefits considered are monthly cash assistance, like Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF), and long-term institutional care funded by the government.
How Does the ‘Totality of Circumstances’ Work?
Even if someone has used some benefit programs, immigration officials will assess an individual’s entire situation to determine the likelihood of becoming a public charge, despite previous public benefit usage. They also consider the affidavit of support, which entails a sponsor accepting financial responsibility, alongside factors such as age, income, employment, education, health, and family status.
Disclaimer: This article is intended for general informational purposes only and should not be construed as legal, immigration, or financial advice. Immigration rules and policies, including those related to the public charge ground of inadmissibility, are subject to change and may vary based on individual circumstances. Readers are strongly advised to consult a qualified immigration attorney or accredited representative before making decisions related to visa applications, green card petitions, or public charge bond requirements. Financial Express Digital does not guarantee the accuracy, completeness, or timeliness of the information.