Now, the grounds for determination will be expanded to include those with limited income, lack of education and skills, age or health-related issues.

The new rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).

The rule also defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.

The administration has stated that its goal is to ensure that those applying for immigration to the United States are self-sufficient and will not deprive others of benefits (something that isn’t really an issue even under the current system), and has stated that they aren’t seeking to reduce legal immigration.

However, the rule introduces a subjective standard giving immigration officers much wider authority to deny cases on public charge grounds even where a petitioner provides an I-864 Affidavit of Support reflecting sufficient income under current rules – something which previously had been sufficient to overcome the Public Charge ground for inadmissibility under previous USCIS guidance. Family-based cases, particularly those for older parents of US citizens who may be retired and so viewed as less employable or who may have health concerns that typically come with age, are likely to be most affected.

As a practical matter, family-based permanent residence processes where an individual will be Adjusting Status in the US will be significantly more work than before.  Procedurally, significant additional documentation in the form of both extra forms, extra question on existing forms, credit score information, and proof of employability will need to be gathered and completed adding time, effort and expense to the process