Washington: Thousands of Indians seeking US green cards could face wider scrutiny of their finances and use of public benefits under new immigration guidance taking effect September 18.
US Citizenship and Immigration Services said officers may consider housing assistance, food stamps, college financial aid and other means-tested benefits when deciding whether an applicant is likely to become a public charge.
The guidance follows the Department of Homeland Security’s decision to rescind the 2022 Biden-era public charge regulations. The final rule was announced July 16 and published in the Federal Register July 20.
It will apply to Forms I-485 seeking permanent residence or adjustment of status that are postmarked or electronically submitted on or after September 18.
Applications submitted from December 23, 2022, through September 17, 2026, will continue to be decided under the 2022 regulations and related guidance.
The change could affect Indians seeking permanent residence through family and employment categories. It does not apply to people who already hold green cards or US citizenship.
Most family-sponsored applicants will be subject to the public charge assessment. They include spouses, children and parents of US citizens, as well as spouses and children of lawful permanent residents.
Adult children and siblings of US citizens, fiancé(e)s of citizens, and widows or widowers of citizens are also covered.
Employment-based categories subject to the assessment include priority workers, professionals holding advanced degrees, people of exceptional ability, skilled workers, investors and religious workers.
Foreign medical school graduates, international broadcasters and certain current or former US government employees abroad are also listed among those subject to the provision.
Congress has exempted several humanitarian and special immigration categories. These include refugees, asylees, applicants for Temporary Protected Status, victims of human trafficking and qualifying criminal activity, and certain self-petitioners under the Violence Against Women Act.
Special immigrant juveniles, certain Afghan and Iraqi nationals who worked for the US government, Cuban Adjustment Act applicants and some surviving relatives of military personnel are among the other exempt groups.
USCIS officers must consider five statutory factors: the applicant’s age, health, family status, assets and financial position, and education and skills.
They may also consider Form I-864, an affidavit through which a sponsor agrees to use personal financial resources to support the immigrant.
For benefits received before September 18, USCIS will consider only public cash assistance for income maintenance and government-funded long-term institutional care. For means-tested benefits received on or after that date, officers may consider any such benefits, including housing and food assistance.
The agency said officers must examine all relevant evidence and decide applications individually under the totality of the circumstances. Receiving a covered benefit will not by itself lead to rejection.
No single factor, apart from the absence of a sufficient affidavit of support when one is required, can alone establish that an applicant is likely to become a public charge.
An applicant found inadmissible solely on public charge grounds may be invited to post a cash or surety bond. The amount will be based on the government assistance the person could potentially receive over the next five years.
Applicants may submit Form I-945 for a public charge bond only after USCIS issues a Notice of Intent to Deny containing an invitation to post one. The agency will not accept unsolicited bonds.
About 66,800 India-born immigrants obtained US green cards in fiscal 2024, accounting for 4.9 per cent of the 1.36 million people granted lawful permanent residence that year, according to Department of Homeland Security data. About 61 per cent of the Indian recipients secured permanent residence through adjustment of status while already living in the United States.
