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Cancellation of Public Charge Final Rule

The so-called “Public Charge Final Rule” introduced by the Trump administration has been canceled. This rule took effect a little over a year ago, on February 24, 2020. It radically changed both the procedure for filing a petition for obtaining a Green Card and changing the status of a foreigner.

This test included rules restricting immigration and obtaining visas. This was due to the following factors:

  • the applicant’s state of health,
  • previous use of government benefits,
  • knowledge of English,
  • education,
  • credit history,
  • the amount of debt, income, etc.

Pursuant to Presidential Executive Order 14012 of March 9, 2021, the United States Immigration Service (USCIS) has announced that it will immediately cease applying the Public Charge Final Rule. The 1999 Interim Field Guidance will apply instead. This is the guidance that was applied prior to the introduction of the “welfare test”.

This version is much simpler. In addition, it will not count for a Green Card applicant’s use of Medicaid, SNAP (food stamp), and Section 8 (housing assistance) assistance.

Now the immigration service will take into account only two types of statĕ assistance:

  • cash assistance (TANF, SSI, general assistance)
  • long-term stay in medical institutions at the expense of the state ⠀

Cancellation of Public Charge Final Rule