Public Charge Rule Blocked -- But Ground of Inadmissibility Remains in Effect

The public charge rule has been the subject of much legal action since it was introduced. It currently cannot be enforced nationwide due to injunctions imposed last week by a New York district court for COVID-19 reasons. A Second Circuit court ruling was just made on the rule, disallowing its enforcement under the circuit court's jurisdiction (New York, Connecticut, Vermont) for other legal reasons.

While many that want to apply for a green card can breathe a sigh of relief, they are not out of the water, not even temporarily. Immigrant visa applicants must understand that the injunctions will not prevent officers from denying green card applications on public charge grounds. 

The public charge grounds of inadmissibility is codified in the Immigration and Nationality Act, the foundation of immigration law. INA section 212(a)(4) clearly states that any immigration applicant that is deemed likely to become a public charge is inadmissible. It lists the factors to be considered: age, health, family status, assets, resources, financial status, and education and skills. 

All of these have always been fair game for scrutiny by immigration officers. Officers can ask applicants about these factors during an interview and deny an immigrant visa based on the answers. The injunction simply prevents enforcement of the public charge rule through the mechanism of Form I-944 Declaration of Self-Sufficiency. 

Immigration officers will continue to screen for public charges despite recent rulings. Green card applicants should always try to address any red flags in their profile before moving forward with filing. However, it is important to know that COVID-19-related public benefits are exempt from public charge consideration. USCIS has announced that applicants receiving public benefits as a result of COVID-19 will not have it counted against them.