Public Charge Rule vacated nationwide

A district court vacated the Department of Homeland Security (“DHS”) rule on public charge and DHS may no longer apply it.

According to US immigration laws, foreign nationals (with some exceptions) are inadmissible to the U.S.  if they are unable to care for themselves without becoming public charges.  The public charge rule clarified how DHS determines if someone is likely at any time to become a public charge.  

This public charge rule required foreign nationals seeking legal permanent resident status or extend or change their nonimmigrant status to show that they have not received public benefits for more than 12 months, in total, within any 36-month period.  

The district court ruling took effect immediately.

Please note that this article does not constitute a legal advice.  If you need any assistance with your visa or green card application or/and would like to discuss how this decision may impact you, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.