New Laws Affecting US Visa Approval Chances

The Trump administration unveiled a new rule in August 2019 that took effect on October 15, 2019. Some experts say this rule could cut legal immigration in half by rejecting visas and permanent residency to hundreds of thousands of people for being "too poor".

What is the Public Charge Rule?

The 837-page rule targets those who might become a public charge in the United States. Visas could be denied to people for not producing necessary income or who are drawing public benefits in the US.

The rule is derived from the Immigration Act of 1882, which allows the U.S. government to deny a visa to anyone likely to become a "public charge."

Who Does It Apply To?

The rule applies to:

• Applicants for admission
• Aliens seeking to adjust their status to lawful permanent residents from within the United States
• Aliens in the United States who hold a nonimmigrant visa and seek to extend their stay or change their status

Definition of Public Charge

The new rule defines public charge as an immigrant who collects one or more designated public benefits for more than 12 months within any 36-month period. Public benefits include:

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• Supplemental Nutrition Assistance Program (SNAP)
• Most forms of Medicaid
• Various public housing programs

Positive and Negative Factors

Whether someone is a public charge will be decided on a variety of factors:

• Positive factor: Earning 125 percent of the poverty line ($12,490 for an individual and $25,750 for a family of four)
• Negative factor: Earning less than the poverty threshold

Current Status

The Court ordered that DHS cannot implement and enforce the final rule on the public charge ground of inadmissibility. The court ordered to postpone the effective date until there is final resolution in the cases. Most of the rulings are nationwide and prevent USCIS from executing the rule anywhere in the United States.