On Dec. 23, 2022, the Department of Homeland Security’s (DHS) new Public Charge Ground of Inadmissibility final rule will go into effect. Additional information, including FAQs and an infographic, are available on the Public Charge Resources page. These pages have helpful information regarding California support programs: California Department of Social Services and San Francisco Human Services Agency.
This new rules clarifies under what conditions a noncitizen’s application for a visa, admission, or adjustment of status can be denied if they are found “likely at any time to become a public charge.” Generally, this determination is made for indviduals applying for US permanent residentcy or immigrant visa categories. For DHS, a public charge inadmissibility determination is based on a noncitizen’s likelihood of becoming primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. When making a public charge inadmissibility determination under this final rule, DHS will now consider an applicant’s “age; health; family status; assets, resources, and financial status; education and skills;” a sufficient Affidavit of Support Under Section 213A of the INA (when one is required); and prior or current receipt of: supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense. DHS will not consider receipt of noncash benefits (for example, Supplemental Nutrition Assistance Program, public housing, school lunch programs, etc.) other than long-term institutionalization at government expense.