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Final Rule on Public Charge Ground of Inadmissibility | What you need to know

Disclaimer: The contents of this article in no way serves as legal advice. If you are seeking legal counsel follow this link to schedule an appointment with the Law Office of Rosetta Thompson, LLC. 


As of February 24, 2020, U.S. Citizenship and Immigration Services (USCIS)  implemented the Inadmissibility on Public Charge Grounds final rule in every state. This rule only applies to applications that were submitted electronically or postmarked on or after February 24, 2020. 

How will this affect my application? 

As of February 5, 2020, USCIS issued revised forms that will adhere to the final rule on the public charge ground of inadmissibility. If your application was postmarked before February 24, 2020 you will not need to apply with the revised forms. However, if your application is postmarked on or after February 24, 2020 you will need to complete your application using the revised forms. 

What does this mean for future applications? 

Applications postmarked on February 24, 2020 and beyond are subject to the “Final Rule.”  USCIS will consider an individual’s application for, certification or approval to receive, or receipt of certain non-cash public benefits when deciding whether the applicant is likely at any time to become a public charge under the Final Rule. When applying on or after the aforementioned date the applicant must use the revised forms or they will be rejected by USCIS. 

What changes will need to be made to get my application approved? 

Each case is different and approval is never guaranteed as immigration can often be a complex matter to deal with. However, best practice is to strictly follow the guidelines that USCIS has provided and to provide all information truthfully and honestly. However, the BEST way to increase your chances of having an application approved is by seeking counsel from an attorney who specializes in Immigration Law.  

What is the best way to navigate new changes with USCIS? 

We understand that navigating changes with USCIS can be stressful. However, although this process is often challenging, the outcome can be very rewarding. That being said, the best way to navigate these changes with USCIS is to seek legal counsel from a qualified and knowledgeable immigration attorney whose job is to be privy to the details of the immigration process. While retaining an attorney does not guarantee approval for current or future applications, it does provide peace of mind while navigating the often complex and overwhelming process of immigration.