A “public charge” rule has been part of immigration law for over 100 years. Most immigrants who want to become permanent residents have always had to prove they would not become a burden on the country. 

Yet the Trump Administration expanded many of the programs that would allow Homeland Security and USCIS to deny applications. 

This week that changed when a federal judge in Chicago struck down the public charge policy. 

According to the judge, being declared a public charge “requires a degree of dependence beyond temporary assistance.” USCIS has said that they will comply with the judges orders, and have ceased to apply the rule to either pending or new applications.

Former Vice President Joe Biden has promised to end the public charge rule if elected.

How should you respond to this information?

Breathe a little easier, for one thing.

All the same, if you’ve ever taken advantage of a government program you should consult with an immigration attorney to find out how these changes may impact your application.

If, due to Covid-19 generated hardships, you are currently holding off on taking advantage of programs you should consider doing so. Consult with an attorney if you can, but recognize that even if you take short-term advantage of certain programs you may not disqualify your application.

Even under the old rule you had to use the benefits for twelve months combined in any three-year period. 

What happens next?

The matter could go back to the Supreme Court. One issue that might impact this is the fact that Amy Coney Barrett wrote the dissenting opinion in Trump’s favor the last time this issue made it to the courts, and she has since been raised to the Supreme Court. She would have to recuse herself from this case if the matter went before the courts.

Immigration policy remains unpredictable, so it’s important to take advantage of openings in policy when you can. If this policy previously blocked you from receiving a green card and is no longer blocking you then you should move quickly to file your application before something else changes.

Working with a qualified immigration attorney gives you the power to get your application right the first time and helps improve your chances of receiving permanent residency. Reach out to our law office today to schedule a free consultation.

See also:

Liberian Refugee Immigration Fairness Program

Injunction of the Public Charge Rule

Immigration Hiring During the Covid-19 Crisis