The Supreme Court recently lifted a nationwide injunction against the Trump administration’s new Public Charge rules. These new rules go into effect on February 24, 2020.
Under the new Public Charge rules, DHS can find an applicant inadmissible, if they would be “more likely than not” to use government assistance.
Under the previous rule, only the use of certain, specific benefits such as SSI, TANK, long-term institutional care, could render an applicant inadmissible.
However, pursuant to the new rule, the types of government assistance limiting an applicant’s eligibility include the above, AND non-cash benefits such as SNAP (food stamps), Section 8 housing and rental assistance, federal housing subsidies, and non-emergency Medicaid benefits (with exceptions).
Under the new rule, the use of any of these types of government assistance for more than twelve (12) out of the past thirty-six (36) months, would automatically trigger a public charge denial. Moreover, the use of two benefits within a one-month period, will be counted as two months of government assistance, under the new rule .
It is important to note that while the Supreme Court has lifted the injunction on the current administration’s new Public Charge rules, whether the rules will continue in force and effect is a matter that has yet to be resolved by the courts. We will update you as this matter progresses through the courts.
As always, you should contact an experienced immigration attorney to discuss these matters in greater detail. To schedule a consultation regarding your immigration matter call 571-766-6860, or e-mail us at info.khannalaw.com.