Getting a Green Card in the US could soon become more challenging.
The Donald Trump administration has introduced a new rule that brings back the strict “public charge” test for many people applying for permanent residency.
Under this rule, immigration officials will check whether an applicant is likely to depend on government financial assistance in the future before approving a Green Card.
The new rule replaces the previous government’s policy and gives immigration officers greater authority to decide whether an applicant qualifies for permanent residency.
What Is the Public Charge Test?
A public charge is someone whom US immigration officials believe could become mainly dependent on government benefits in the future.
While reviewing a Green Card application, officials will consider several factors, including the applicant’s age, health, family situation, education, work skills, financial condition, and employment prospects.
However, receiving government benefits in the past does not automatically lead to a Green Card rejection.
Instead, officers will evaluate the applicant’s overall situation to decide whether they are likely to rely on government support after becoming a permanent resident.
When Will the New Rule Take Effect?
The US Department of Homeland Security (DHS) has released the rule for public comments.
It will be published in the Federal Register on July 20 and is expected to come into effect on September 18, unless it is blocked by a court.
The rule mainly applies to people applying for a Green Card through adjustment of status or immigrant admission. It does not change the rules for temporary visas such as H-1B, F-1, L-1, or B-1/B-2.
What Changes Under the New Rule?
The biggest change is that immigration officers will have more flexibility while reviewing Green Card applications.
Instead of following limited guidelines, officers will assess an applicant’s complete financial and personal situation to determine whether they could become a public charge in the future.
The new rule also replaces the public charge regulations introduced by the previous administration in 2022 and returns to a broader case-by-case assessment.
How Will Indians Be Affected?
The new rule is expected to affect many Indians applying for Green Cards.
It will apply to people seeking family-based Green Cards, as well as family members of Indians who already have permanent residency.
The rule will also impact employment-based Green Card applicants, including thousands of Indian professionals working in the US on H-1B visas who plan to become permanent residents.
As a result, applicants may face a more detailed review of their financial stability and overall circumstances before their Green Card is approved.
