A new government regulation that will affect green card applicants takes effect on February 24th, 2020. Here is what you need to know.

Under immigration law, in general someone who is deemed likely to become a "public charge" is barred from receiving a green card.

What is a public charge?

The current rule defines a public charge as someone likely to become primarily dependent on the government for income support. The new rule redefines a public charge as a person likely to receive "public benefits" for more than 12 months over any 36-month period in the future.

What are considered "public benefits" under the new rule?

Any federal, state, local, or tribal cash assistance for income maintenance (e.g. SSI, TANF), federal, state, and local cash benefits programs for income maintenance, SNAP, Section 8 housing and public housing under Section 9, and Medicaid (with certain exceptions).

How will the government determine whether someone is likely to receive public benefits for more than 12 months over any 36-month period in the future?

A totality of circumstances test will be used. Factors considered will be age, health, family status, education and skills, and assets, resources, and financial status, taking into account a broad range of positive and negative factors. Heavily weighted negative factors will include receipt of public benefits in the past (but after the date the rule goes into effect). Heavily weighted positive factors will include having a high household income (at least 250% of the federal poverty level) and having private health insurance.

Will this change mean more paperwork?

Yes. There will be additional paperwork required in order for the government to assess the likelihood of a green card applicant becoming a public charge.

Implementation of the new rule will be messy. Contact us today for expert assistance at 415-413-8760 or theteam@huwelaw.com.