PUBLIC CHARGE RULE 2021

March 17, 2023
On March 9th, The Supreme Court agreed to a Biden administration request to dismiss an upcoming case challenging the Trump administration’s "public charge" rule, which limited access to green cards for those deemed likely to accept public assistance.

From February 24, 2020, there was an extended version of this Rule, which increased the list of types of state aid. Obtaining such assistance could be used against immigrants who applied for a green card.

The public Charge Rule was approved in 1999.
It was about only two types of assistance:
- cash payments (TANF, SSI, general assistance);
- long-term (more than 1 year) stay in medical institutions at public expense.

The Trump administration has also added Medicaid, SNAP, and Section 8 assistance.
This decision was appealed in court and reached the Supreme Court.
The Biden administration decided to return to the 1999 rule.

Therefore, this rule will further include only cash payments and long-term treatment at the expense of the state.

Immigrant families can now access life-saving health care, food, and housing assistance for which they are eligible without fear that they will lose the chance to obtain lawful permanent residence.

This summary is not intended to be a legal consultation and is intended to be a general description. A legal consultation is necessary before any action is taken. Please call Birg Law (847) 579-9989.
x