Congress first implemented the “Public Charge” rule for United States visa applicants in 1882. Under this rule, the United States government could deny a visa to anyone who “is likely at any time to become a public charge.” Unfortunately, the original intent of this was not defined – leaving the term to take on its own interpretations over the years.
During the Trump administration, the Public Charge rule was taken very broadly to reduce eligibility for green cards and other visa types. Ultimately, this new interpretation redefined what qualifications made immigrants dependent on government benefits or were “likely” to make them dependent in the future. Both green card applicants and temporary visa applicants were affected by these policy changes. Simply put, anyone deemed to be reliant on governmental assistance could be denied a green card or visa.
The Current State of the Public Charge Rule
As early as 2020, there were two separate versions of the Public Charge rule in place. The first is the Department of Homeland Security (DHS) Public Charge rule applied to green card applicants currently inside the United States. The second, the Department of State (DOS) Public Charge rule applied to applicants that were outside of the United States. Fortunately, neither of these rules are now in effect – making the Public Charge rule voided for current applicants.
On March 9, 2021, the DHS rule was brought to an end; however, it wasn’t until July 29, 2020, that the DOS policy was paused indefinitely. While Republican states led by Arizona tried to resurrect the rule, the 9th Circuit Court of Appeals denied the request. Following this, Arizona led a movement with several states’ attorneys general to keep the rule in place following a vacation by the 7th Circuit on March 9. The removal of these Public Charge rules sparked a new era of hope for immigrants seeking citizenship in the United States. A trend that will hopefully continue as more people worldwide seek a green card or visa.
With this policy change, applicants are no longer required to submit Form I-944 or DS-5540 when they apply for permanent residency. Unfortunately, changes in immigration law are becoming more and more common in recent years. For this reason, it is vital to seek the assistance of an experienced immigration law attorney that can help navigate the often complex and challenging process. The attorneys at Misgina & Associates, PLLC. have completed the immigrant process ourselves and can help make it easier for you or your loved ones.