Green Card Public Charge Wealth Test Eliminated

We are writing with positive news for adjustment of status green card applicants - the public charge "wealth test" is no longer required as part of the green card process!

The wealth test required USCIS officers to apply a totality of circumstances analysis to determine whether an applicant would be likely to become a public charge in the future. They were directed to review factors such as the applicant's age, health, family status, education and skills, and assets, resources, and financial status. You can find out more about the now defunct rule on our post from September 5, 2019 here: Defunct Rule: Green Card Public Charge Rule.

This totality of circumstances analysis is no longer required. Moving forward, officers are directed to apply the old public charge analysis that was created in year 1999. The old analysis focuses heavily on whether the green card applicant has a valid sponsor, and only allows for minimal discretion by the adjudicating officer.

To learn more and get help with your green card application, please contact us at 415-413-8760 or theteam@huwelaw.com.