Indian nationals awaiting employment-based Green Cards may encounter increased scrutiny starting September 18, when new guidance from the US Citizenship and Immigration Services ( USCIS ) regarding ‘public charge’ comes into effect.
In general, the updated policy broadens the basis on which Green Card applications may be evaluated and rejected, while maintaining exemptions for various applicant categories. A public charge assessment can lead to the denial of a Green Card application if USCIS determines that the applicant is likely to rely on government assistance. “The Trump administration has been open about disfavoring immigration to the U.S., whether legal or illegal. The new public charge rule provides the Trump administration another powerful tool to restrict legal immigration to the U.S. Simultaneously, several applicants are not subject to this regulation. This group encompasses refugees and asylees, specific Afghan and Iraqi nationals who collaborated with or for the US government, individuals affected by qualifying criminal activities, some entrants from Cuba and Haiti, special immigrant juveniles, victims of human trafficking, some self-petitioners under the Violence Against Women Act, and applicants for Temporary Protected Status, among others.
This change is especially significant for individuals who have been in the employment-based Green Card backlog for years and are getting ready to submit Form I-485 for adjustment of status to permanent residency (commonly known as a Green Card). The guidance is in accordance with the Department of Homeland Security’s choice to revoke the public charge regulations established during the Biden administration in 2022. The final rule was revealed on July 16 and subsequently published in the Federal Register on July 20. A non-profit organization dedicated to healthcare, around 13.5 million individuals enrolled in Medicaid or CHIP live with at least one non-citizen, according to the Kaiser Family Foundation. This demographic encompasses 5.6 million citizen children who may be at risk of decreased enrollment.
The analysis suggested that between 1.4 million and 4.1 million Medicaid and CHIP enrollees residing with a non-citizen could leave the program as a result of the newly established rule.
In an official statement, the USCIS said, “To make public charge inadmissibility determinations, USCIS officers will consider the five statutory factors and any other factor relevant to assessing the alien’s likelihood at any time of becoming a public charge, including the alien’s receipt of means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit. According to an assessment carried out by immigration attorneys Cyrus Mehta and Damira Zhanatova, “The public charge rule would provide even more discretion to officers to deny adjustment of status applications in light of the USCIS memo that indicates that adjustment of status requires extraordinary discretion,” as per Forbes.
