Public Charge Exemptions and Considerations
**After rulings by the U.S. Supreme Court on January 27, 2020 and February 21, 2020, the Department of Homeland Security (DHS) was able to implement its new rule relating to the “public charge” ground of inadmissibility nationwide. The DHS rule went into effect for adjustment of status applications filed on or after February 24, 2020. On February 24, 2020, the Department of State (DOS) also implemented a new rule related to public charge inadmissibility. The DOS rule generally follows the same provisions as those in the new DHS rule. Consular processing applications with interviews on or after February 24, 2020 will be evaluated under the new DOS rule.
We are working rapidly to update our resources in light of the new DHS and DOS public charge rules. When reviewing our resources, please note the date on which they were last updated, because the legal content may not be current.**
It is important to remember that immigration law and regulations exempt some categories of immigrants from public charge inadmissibility and provide many types of immigration status that are not subject to the public charge ground of inadmissibility. This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immigrants who may be considering adjustment of status or consular processing through a family or employer petition after having a status that is not subject to public charge inadmissibility. Understanding these considerations will help advocates best counsel their clients and prepare applications in the current climate of uncertainty surrounding public charge policy.