DHS changes how it reviews green card applications
COACHELLA, CALIF. (KESQ)- U.S. Department of Homeland Security is rescinding the 2022 public charge ground of inadmissibility regulations (“2022 Final Rule”).
The Public Charge Rule is used to decide whether someone is likely to depend mainly on government assistance. If immigration officers determine that an applicant is likely to become a public charge, they can deny a visa, admission to the U.S., or a green card.
The change gives immigration officers more freedom to look at a person’s overall situation, including:
Age Health Family size Income, assets, and financial resources Education and job skills
Under federal guidelines, officers may consider whether an applicant has received certain means-tested public benefits, along with their financial and personal circumstances, when making that decision. The goal of the policy is to encourage immigrants to be financially self-sufficient.
While DHS cannot determine the number of individuals who will read the rule, DHS assumes immigration lawyers, immigration advocacy groups, benefits providing agencies, nonprofit organizations, non-governmental organizations, and religious organizations, among others, would choose to familiarize themselves with this rule.
Dates: The final rule is effective on September 18, 2026. This rule applies to applications for admission made on or after September 18, 2026 or applications for adjustment of status postmarked or electronically submitted on or after September 18, 2026. Receipt of means-tested public benefits before September 18, 2026 will be considered consistently with the 2022 Final Rule.Costs:
Costs will include the opportunity cost of time to read the rule and subsequently determine applicability of its provisions.
DHS estimates that the time to read this rule in its entirety would be 8 to 9 hours per individual.DHS estimates that the opportunity cost of time will range from about $384.40 to $432.45 per individual who must read and review the rule, according to the Federal Register.
Stay tuned for my full story at 6 to find out what families need to know and what has changed.
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