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Posted on September 10 2022

DHS publishes fair public charge rule for Immigrants in USA

By Editor
Updated October 09 2023

Highlights of fair public charge rules by DHS, USA

  • The Department of Homeland Security of the US has published new rules for non-citizens.
  • The changed rules make it coherent for the immigrants about the facilities available to them.
  • The changed rules will make the immigration system more credible for immigrants coming to the US.

Abstract: The DHS of the USA has laid out a coherent list of facilities available to immigrants under public charge.

The DHS or Department of Homeland Security of the USA has launched new rules for immigrants in USA. The rules provide transparency and uniformity for immigrants on how DHS will regulate the public charge criteria of inadmissibility.

 The recent policy restores the earlier understanding of a 'public charge' that was practiced for a long time. Immigrants would be able to access public healthcare benefits like Medicaid and nutritional support. The changed policies aim to restore faith in the immigration system of the US.

*Want to migrate to USA? Y-Axis is here to offer you guidance.

Modified Policies for Immigrants in USA

Under the new rule, an immigrant would be considered eligible for 'public charge' if they meet the requirements. The determination will be dependent on:

  • The immigrant's age, health, family and financial status, assets, resources, education, and skills.
  • The submission of Form I-864
  • The immigrant's prior reception of the facilities provided in the public charge

DHS will not consider the public charge facilities availed by family members other than the candidate who has applied. It will also not authorize the receipt of specific non-cash facilities for immigrants. The facilities covered by public charge include:

  • SNAP or Supplemental Nutrition Assistance Program or other nutrition programs
  • CHIP or Children's Health Insurance Program
  • Medicaid
  • Housing benefits
  • Benefits concerned with immunizations
  • Testing for communicable diseases
  • Other special-purpose benefits


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Future Plans for the Immigration System of Canada

DHS plans to develop a Policy Manual to keep the USCIS or US Citizenship and Immigration Services updated on how the policy will be implemented.

DHS will also conduct interaction with the public to reduce the risk of uncertainty or confusion among both immigrants as well as American citizens.

The policy will be effective from December 23, 2022. It will be published in the Federal Register of the USA on September 9, 2022.

DHS is making public charge evaluation uniform according to the statute and the Interim Field Guidance of 1999. It will continue to implement the final rule for applications on or after the scheduled date.

The announcement is among the policies the American government has taken to ensure the just and productive management of the immigration system of the country.

An immigrant who is likely to become dependent on government assistance for living in the country was considered as a public charge.

Want to migrate to USA? Contact Y-Axis, the leading Immigration Consulting Company.

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