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Clarification on Public Charge Rule

Clarification on Public Charge Rule

Congress established that a noncitizen’s application for a visa, admission, or adjustment of status can be denied if they are found “likely at any time to become a public charge.” For DHS, a public charge inadmissibility determination is based on a noncitizen’s likelihood of becoming primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. USCIS must apply this public charge inadmissibility determination to most noncitizens who are applying for lawful permanent residence also known as a Green Card when USCIS decides Form I-485, Application to Register Permanent Residence or Adjust Status. There is a confusion because there is a question on Form I-485 Item Number 61 in Part 8, Application to Register Permanent Residence or Adjust Status. It asks: “Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)?” This question is asking whether the applicant is subject to the public charge ground of inadmissibility, which is an objective fact based on immigration status, not whether the applicant is “likely at any time in the future to become a public charge” which is a case-by-case determination made by the immigration officer. Unless an applicant is specifically exempt from the public charge ground of inadmissibility, the public charge ground of inadmissibility will generally apply to all applicants for adjustment of status, including family-based applicants, employment-based applicants, and diversity visa applicants.

Due to President Trump’s Last In First out policy, the backlog of applicants is over 667,000, asylum seekers have waited many years for their interviews. Ting Law Group has filed mandamus lawsuit to get your case completed faster. The general experience has been receiving the interview within 2-3 months after filing the lawsuit. Are you tired of waiting? Call 720-740-4247.

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