The INA provides that an applicant for a visa, admission, or adjustment of status is inadmissible if in the opinion of the consular officer, immigration officer, or immigration judge at the time of application for a visa, admission, or adjustment of status, the applicant is likely at any time to become dependent on certain government benefits in the future, which would make them become a public charge. The Biden Administration published new public charge inadmissibility regulations that have codified 1999 “field guidance” governing public charge determinations. Under the final rule and the 1999 field guidance, the government will no longer consider the use of noncash benefits programs, including Medicaid coverage, except for long-term institutionalization, when making public charge determinations. Also, they will not consider vaccines or public benefits specifically related to the coronavirus (COVID-19) pandemic as part of the public charge inadmissibility determination. The final rule started to be effective on December 23, 2022. USCIS’s new Public Charge Resources which include FAQs related to public benefits can be found on their website.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.
