Public Charge Ground of Inadmissibility Final Rule
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA), as implemented by the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF) (Sep. 9, 2022). The new final rule and policy guidance become effective December 23, 2022, and apply to adjustment of status applications postmarked (or filed electronically, if applicable) on or after that date. For applications postmarked (or submitted electronically, if applicable) before December 23, 2022, USCIS will continue to apply the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance .
Effective date and application
1999” even though the guidance was actually signed May 20, 1999, became effective May 21, 1999, and was published
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA), as implemented by the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF) (Sep. 9, 2022). The new final rule and policy guidance become effective December 23, 2022, and apply to adjustment of status applications postmarked (or filed electronically, if applicable) on or after that date. For applications postmarked (or submitted electronically, if applicable) before December 23, 2022, USCIS will continue to apply the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance .
- Describes the regulatory definitions, including “likely at any time to become a public charge” for purposes of inadmissibility determinations under INA 212(a)(4).
- Reiterates the categories of applicants who are exempt from, or may obtain a waiver of, the public charge inadmissibility ground.
- Reiterates the minimum factors USCIS considers in a public charge inadmissibility determination.
- Reiterates that the types of public benefits that USCIS considers in the public charge inadmissibility determination are limited to public cash assistance for income maintenance and long-term institutionalization at government expense, and provides a non-exhaustive list of the types of programs that are not considered in the public charge inadmissibility determination.
- Describes how USCIS considers long-term institutionalization at government expense.
- Reiterates that no one factor, other than the lack of a sufficient Affidavit of Support Under Section 213A of the INA (Form I-864 or Form I-864EZ), if required, can be the sole basis for determining whether a noncitizen is likely at any time to become a public charge.
- Provides scenarios to illustrate the practical application of the totality of the circumstances analysis used in the public charge inadmissibility determination.
- Describes the public charge bond process for an applicant who files an Application to Register Permanent Residence or Adjust Status (Form I-485) with USCIS and who has been found inadmissible only on the public charge ground and invited to post a public charge bond.
