As we have covered here and in greater detail here, USCIS has been hinting for several months at a coming new rule which changes how the public charge grounds for inadmissibility is to be interpreted moving forward.
The rule has now been published in the Federal Register. A 60-day notice and comment period begins as of the date of publication, and USCIS will be able to publish a final rule once it has reviewed public comments – this may or may not exactly track the published proposed rule.
As we’ve said earlier, the rule in its proposed form will make it more difficult to overcome the public charge ground for many people who have accepted certain forms of non-cash public assistance in the 36 months leading up to a filing. Moreover, a valid Affidavit of Support completed by a petitioner or additional sponsor reflecting sufficient income under the guidelines will no longer be sufficient, it itself, to overcome the public charge grounds for inadmissibility.