Highlights:
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DHS proposes expanding the public charge definition, making more green-card applicants potentially ineligible.
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Officers may assess whether Immigrants could rely on government benefits for basic needs, not only primary dependency.
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Housing, nutrition, and health-care benefits may now count against applicants.
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USCIS officers would gain broader discretion through a “totality of circumstances” assessment.
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Existing green-card holders face limited direct impact but may experience indirect effects in other immigration processes.
The Trump administration is preparing a major revision to how the United States evaluates green-card applications for Immigrants who may rely on government assistance. The Department of Homeland Security (DHS) has proposed expanding the criteria that determine whether Immigrants could be considered a public charge, which may result in more applicants being denied permanent residency.
The proposal, formally titled “Public Charge Ground of Inadmissibility,” is scheduled for publication in the Federal Register on Wednesday (19). Once published, the public will have 30 days to submit comments. DHS filed preliminary documents on Monday (17), indicating the administration’s intention to tighten long-standing immigration standards and apply a more restrictive interpretation for Immigrants.
Understanding the Public Charge Rule for Immigrants
The public charge rule evaluates whether Immigrants may become dependent on government support. Although the Immigration and Nationality Act does not define the term precisely, immigration officers are required to assess several factors including age, health, financial stability, family circumstances, education, and employability.
Under current regulations—introduced in December 2022—Immigrants are considered at risk of becoming a public charge only if they are likely to rely primarily on cash assistance or long-term institutional care. Officers are also allowed to review the use of certain benefits and whether an applicant submitted a Form I-864 Affidavit of Support.
The newly proposed rule seeks to broaden this definition substantially. DHS officials would be instructed to evaluate the “totality of the circumstances” with fewer detailed guidelines, expanding officer discretion in determining whether Immigrants may struggle to meet basic needs without public aid. This may include examining family medical history, economic background, and indications of past or potential benefit usage.
How the Proposed Rule Could Affect Green-Card Applicants
If approved, the changes would revise significant portions of the 2022 framework and could affect large numbers of Immigrants seeking lawful permanent residency:
- Lower Threshold for Dependency
Instead of requiring proof that Immigrants depend primarily on government benefits, officers could determine someone to be a public charge if they rely on assistance simply to meet basic needs. Immigration law firm Fragomen states this would “effectively lower the bar for negative findings.”
- More Government Benefits Could Count Against Immigrants
Benefits related to housing, nutrition, and health care, which were previously excluded, may now be included in the assessment. This expansion increases the likelihood that Immigrants’ benefit history could influence a negative decision.
- Increase in USCIS Officer Discretion
The broader “totality of circumstances” standard allows USCIS officers to consider not only the receipt of benefits but also the application for or approval of such programs. This gives officers more authority to decide whether Immigrants may rely on government support in the future.
What the Proposal Means for Current Green-Card Holders Who Are Immigrants
The rule would mainly affect Immigrants seeking admission to the United States or applying for adjustment of status. DHS confirms that existing green-card holders would see limited changes, as public charge assessments are not part of green-card renewals or naturalization.
However, immigration attorneys caution that indirect effects may occur. An Immigrant’s financial stability, use of benefits, or capacity to support dependents may influence related processes such as sponsoring relatives, international travel evaluations, or future applications connected to family members.
As the proposal moves into the public comment phase, legal experts and Immigrant advocates say the debate will likely intensify. They argue that the updated rule raises broader questions about how the US government determines eligibility for permanent residency and how future policy changes may affect Immigrants navigating the immigration system.
