US rolls back Biden-era protections, tightening green card rules from September.
Washington: Thousands of Indians seeking U.S. green cards could face increased scrutiny of their finances and use of public benefits under new immigration guidance taking effect September 18.
Under the guidance, USCIS officers may consider housing assistance, food stamps, college financial aid and other means-tested benefits when assessing whether an applicant is likely to become a public charge.
The move follows the Department of Homeland Security’s decision to rescind the Biden-era public charge regulations introduced in 2022. The final rule was announced on July 16 and published in the Federal Register on July 20.
The new guidance will apply to Form I-485 applications for permanent residence or adjustment of status that are postmarked or submitted electronically on or after September 18.
Applications submitted between December 23, 2022, and September 17, 2026, will continue to be assessed under the 2022 regulations and related guidance.
The change could affect Indians seeking permanent residency through family- and employment-based categories. It does not apply to people who already hold green cards or are U.S. citizens.
Most family-sponsored applicants will be subject to the public charge assessment. This includes spouses, children and parents of U.S. citizens, as well as spouses and children of lawful permanent residents.
Adult children and siblings of U.S. citizens, fiancé(e)s of U.S. citizens, and widows or widowers of U.S. citizens are also covered.
Employment-Based Categories
The public charge assessment will also apply to several employment-based green card categories, including priority workers, professionals with advanced degrees, individuals with exceptional ability, skilled workers, investors and religious workers.
The provision also covers foreign medical school graduates, international broadcasters, and certain current or former U.S. government employees working abroad.
However, Congress has exempted several humanitarian and special immigrant categories from the public charge assessment.
These exemptions 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.
Other exempt groups include special immigrant juveniles, certain Afghan and Iraqi nationals who worked for the U.S. government, Cuban Adjustment Act applicants, and some surviving relatives of U.S. military personnel.
USCIS officers are required to consider five statutory factors when assessing an applicant: age, health, family status, assets and financial position, and education and skills.
Officers may also take into account Form I-864, an affidavit of support in which a sponsor agrees to use their 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 a broader range of benefits, including housing and food assistance.
The agency said officers must review all relevant evidence and assess each application individually based on the totality of the circumstances. Receiving a covered benefit will not, by itself, result in a denial.
Affidavit of Support
No single factor can, on its own, establish that an applicant is likely to become a public charge, except when a required affidavit of support is missing or insufficient.
An applicant found inadmissible solely on public charge grounds may be given the option to post a cash or surety bond. The amount would be based on the government assistance the applicant could potentially receive over the following five years.
Applicants can submit Form I-945 to request a public charge bond only after USCIS issues a Notice of Intent to Deny that includes an invitation to post a bond. The agency will not accept unsolicited bond requests.
According to Department of Homeland Security data, about 66,800 India-born immigrants obtained U.S. green cards in fiscal year 2024. They accounted for 4.9% of the roughly 1.36 million people granted lawful permanent residence that year.
About 61% of Indian recipients obtained permanent residence through adjustment of status while already living in the United States.
