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Public Charge

October 19, 2018

The U.S. government published a proposed rule that would drastically expand the definition of public charge. Currently, foreign nationals are inadmissible to the U.S. if it is determined they would likely depend on public assistance. The proposed rule would provide a standard for determining whether a foreign national who seeks admission into the U.S. as an immigrant or non-immigrant is likely at any time to become a public charge. Individuals filing for adjustment of status will be required to file new Form I-944 to facilitate the government’s public charge determination. Additionally, individuals applying to extend or change non-immigrant status will be required to demonstrate they have not received, are not currently receiving, and will not receive in the future any public benefits. If the proposed rule is finalized as is, the public charge standard will serve to render many foreign nationals inadmissible to this country and would be an injustice to many who deserve to be here.

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