Public Charge Rule and Immigration

• Applicants for admission or adjustment of status to that of a lawful permanent resident (such applicants are subject to the rule’s public charge ground of inadmissibility unless Congress has exempted them from this ground)
• Applicants for extension of non-immigrant stay or change of nonimmigrant status (such applicants are subject to the rule’s public benefit condition unless the nonimmigrant classification is exempted by law or regulation from ;the public charge ground of inadmissibility)

The government has made certain exemptions to the public charge ground for inadmissibility including refugees, asylees, and certain T and U nonimmigrant visa applicants, certain self-petitioners under the violence against women act.

What factors are considered while determining public charge inadmissibility?

A person seeking admission to the United States must fill a sufficient form I-864 or Form I-864EZ, when required. Here are the factors that are considered while determining public charge inadmissibility-

• Age, Health and Family status;
• Assets, resources, and financial status;
• Education and skills;
• Prospective immigration status;
• Expected period of admission; and
• Sufficient Affidavit of Support Under Section 213A of the INA, Form I-864 or Form I-864EZ, when required under section 212(a)(4)(C) or (D) of the INA, 8 U.S.C. 1182(a)(4)(C) or (D).

What things to keep in mind for not getting rejected under public charge?

1. Filling out the right form
2. Getting health insurance
3. Acquiring professional skills 
4. Get help with your application

If you submit an application and the government rejects it for public charge reasons, they will not refund your filing fees. You can get help for immigration attorney to reduce the risk of public charge and prepare your immigration paperwork carefully.