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Nationwide Implementation of the Inadmissibility on Public Charge Grounds Final Rule

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateFebruary 24, 2020
CategoryPermanent residence / adjustment of status / admissibility
Policy toolInadmissibility screening / eligibility requirements
Affected groupNoncitizens applying for adjustment of status and certain nonimmigrant extensions/changes of status

Policy effect

Implemented new regulatory standards and procedures defining a 'public charge' as a noncitizen who receives one or more specified public benefits for more than 12 months in the aggregate within any 36-month period, requiring Form I-944 (Declaration of Self-Sufficiency) and totality-of-circumstances evaluation criteria for adjustment of status applications. Phase scope: Nationwide implementation for applications postmarked on or after Feb 24, 2020

Conditions and exceptions

Validated condition or limit: Implemented new regulatory standards and procedures defining a 'public charge' as a noncitizen who receives one or more specified public benefits for more than 12 months in the aggregate within any 36-month period, requiring Form I-944 (Declaration of Self-Sufficiency) and totality-of-circumstances evaluation criteria for adjustment of status applications.; Phase scope: Nationwide implementation for applications postmarked on or after Feb 24, 2020

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage. Affected Sections 8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility Technical Update - Replacing the Term “Alien” May 11, 2021 This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”]. Affected Sections 1 USCIS-PM - Volume 1 - General Policies and Procedures 2 USCIS-PM - Volume 2 - Nonimmigrants 6 USCIS-PM - Volume 6 - Immigrants 7 USCIS-PM - Volume 7 - Adjustment of Status 8 USCIS-PM - Volume 8 - Admissibility 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief 10 USCIS-PM - Volume 10 - Employment Authorization 11 USCIS-PM - Volume 11 - Travel and Identity Documents 12 USCIS-PM - Volume 12 - Citizenship and Naturalization Technical Update - Removing Guidance on Inadmissibility on Public Charge Grounds March 10, 2021 This technical update removes the guidance in Volume 2, Part A, Chapter 4, Volume 8, Part G, and Volume 12, Part D, Chapter 2 relating to the administration of the public charge ground of inadmissibility under the Inadmissibility on Public Charge Grounds final rule, 84 FR 41292 (Aug.
U.S. Citizenship and Immigration ServicesUSCIS Policy Manual Update / Federal Register Implementation, Inadmissibility on Public Charge Grounds, 84 FR 41292 (implemented Feb. 24, 2020).Open official source
Retrieved from https://uscis.gov/policy-manual/volume-8-part-g

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-6ea37e322da170a3be0a. Something wrong? Flag this record.

Other United States changes operative in 2020