[null, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "https://www.visalawyerblog.com/files/2018/09/trump-2045213_1920.png", "src": "https://www.visalawyerblog.com/files/2018/09/trump-2045213_1920.png", "formatted_filename": "trump", "alt_text": "trump-2045213_1920", "rendered_width": 408, "rendered_height": 471}, null, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "/jresources/images/Jacob_Sapochnick.jpg", "src": "https://www.visalawyerblog.com/jresources/images/Jacob_Sapochnick.jpg", "formatted_filename": "Jacob Sapochnick", "alt_text": "Jacob Sapochnick", "rendered_width": 185, "rendered_height": 195}, null, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "https://lawyers.justia.com/s/facebook-64.png", "src": "https://lawyers.justia.com/s/facebook-64.png", "formatted_filename": "facebook", "alt_text": "Facebook"}, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "https://lawyers.justia.com/s/twitter-64.png", "src": "https://lawyers.justia.com/s/twitter-64.png", "formatted_filename": "twitter", "alt_text": "Twitter"}, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "https://lawyers.justia.com/s/linkedin-64.png", "src": "https://lawyers.justia.com/s/linkedin-64.png", "formatted_filename": "linkedin", "alt_text": "LinkedIn"}, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "https://lawyers.justia.com/s/justia-64.png", "src": "https://lawyers.justia.com/s/justia-64.png", "formatted_filename": "justia", "alt_text": "Justia"}, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "https://lawyers.justia.com/s/google-plus-64.png", "src": "https://lawyers.justia.com/s/google-plus-64.png", "formatted_filename": "google plus", "alt_text": "Google+"}, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "https://lawyers.justia.com/s/pinterest-64.png", "src": "https://lawyers.justia.com/s/pinterest-64.png", "formatted_filename": "pinterest", "alt_text": "Pinterest"}, {"document_url": "https://www.visalawyerblog.com/dhs-proposes-new-rule-to-restrict-admission-of-aliens-reliant-on-public-benefits/", "unformatted_src": "https://lawyers.justia.com/s/youtube-64.png", "src": "https://lawyers.justia.com/s/youtube-64.png", "formatted_filename": "youtube", "alt_text": "YouTube"}, null]


APA Procedure

Who is a Public Charge?

The Proposed Rule

Under the proposed rule, a non-citizen can be found inadmissible to the United States if they have become reliant on a prohibited public benefit, or if they are likely to become reliant on a prohibited public benefit. The non-citizen seeking to gain admission to the United States bears the burden of proving that they will not become a public charge to the United States government. This can be accomplished by showing that the non-citizen applicant has sufficient finances to support themselves in the United States, or by presenting a signed and completed affidavit of support.

Under the proposed rule receipt of any of the following types of public benefits could make a person inadmissible on public charge grounds:

Extension of Stay/Change of Status Applications: The proposed rule says that, with limited exceptions, an applicant seeking an extension of stay or change of nonimmigrant status will be denied unless the applicant demonstrates that he or she has not received, is not currently receiving, nor is likely to receive, public benefits as defined in proposed 8 CFR 212.21(b).

Public Benefits Received by Children: DHS notes that while the number of children, including U.S. citizen children, may count towards an alien’s household size for purposes of determining inadmissibility on the public charge ground, the direct receipt of public benefits by those children would not factor into the public charge inadmissibility determination.

Receipt of Past or Current Public Benefits: Under the proposed rule, DHS would consider past or current receipt of public benefits, defined in 212.21(b), as identified a heavily weighed factor for purposes of public charge determination.

Please note that although this is still a proposed rule, and is not yet in forced, this new proposal has the potential to become law in a matter of months.

To read the unofficial version of the rule click here.
