This Wednesday, the Biden administration announced the end of the 2019 “public charge” restrictions following the reinstatement of a federal court order blocking the policy. The Department of Homeland Security determined the legal battles the policy incurred to be an inefficient use of government resources, and Homeland Security Secretary Alejandro Mayorkas described the 2019 policy as “not in keeping with Read More
I have a green card. Can I be a “public charge”?
The new public charge rules implemented by this Administration are causing extreme stress and confusion among immigrant communities and their advocates. A question that frequently has arisen in my practice is whether a "green card" holder is subject to public charge rules. The answer is, generally, no. A green card holder with a ten-year green card or a two-year (conditional) green card is not subject to the Read More
Courts block USCIS’s Implementation of New Public Charge Rules
On October 11, 2019 various courts blocked the Trump administration's implementation of new public charge rules that drastically increase the scope of inquiry for the public charge determination. The new rules, if ever formally implemented, will prevent applicants for receiving green cards if they have used a wide variety of "benefits" most of which fall well outside the long-standing practice of considering "cash" Read More

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