New U.S. Green Card Rule Could Bring Greater Scrutiny for Indian Applicants
Washington — Thousands of Indian nationals seeking U.S. green cards could face broader scrutiny of their finances and use of public benefits under new immigration guidance taking effect Sept. 18.
U.S. Citizenship and Immigration Services said officers may consider housing assistance, food benefits, college financial aid and other means-tested programs when determining whether an applicant is likely to become a public charge.
The guidance follows the Department of Homeland Security’s decision to rescind the Biden administration’s 2022 public charge regulations. The final rule was announced July 16 and published in the Federal Register on July 20.
The change will apply to Form I-485 applications for permanent residence or adjustment of status that are postmarked or electronically submitted on or after Sept. 18. Applications submitted between Dec. 23, 2022, and Sept. 17, 2026, will continue to be reviewed under the 2022 regulations and related guidance.
The new policy could affect Indian applicants seeking permanent residence through both family- and employment-based categories. It does not apply to people who already hold green cards or U.S. citizenship.
Most family-sponsored applicants are subject to the public charge assessment, including spouses, children and parents of U.S. citizens, as well as spouses and children of lawful permanent residents. Adult children and siblings of U.S. citizens, fiancé(e)s of citizens, and widows or widowers of citizens are also covered.
Employment-based applicants subject to the assessment include priority workers, professionals with advanced degrees, people of exceptional ability, skilled workers, investors and religious workers.
USCIS officers are required to consider five statutory factors: an applicant’s age, health, family status, assets and financial resources, and education and skills. They may also consider Form I-864, the affidavit of support through which a sponsor agrees to provide financial support to the immigrant.
For benefits received before Sept. 18, USCIS will generally consider only public cash assistance for income maintenance and government-funded long-term institutional care. For means-tested benefits received on or after Sept. 18, officers may consider a wider range of assistance, including housing and food benefits.
USCIS said applications will be evaluated individually based on the totality of the circumstances. Receiving a covered public benefit will not automatically result in denial.
No single factor, other than the absence of an adequate affidavit of support when one is required, can by itself establish that an applicant is likely to become a public charge.
Congress has exempted several humanitarian and special immigration categories from the public charge requirement. These include refugees, asylees, Temporary Protected Status applicants, certain victims of human trafficking or qualifying crimes, and some applicants under the Violence Against Women Act.
Other exemptions include special immigrant juveniles, certain Afghan and Iraqi nationals who worked for the U.S. government, Cuban Adjustment Act applicants and some surviving relatives of U.S. military personnel.
Applicants found inadmissible solely on public charge grounds may in some cases be invited to post a cash or surety bond. USCIS said applicants may submit Form I-945 for such a bond only after receiving a Notice of Intent to Deny that specifically invites them to do so.
About 66,800 India-born immigrants received U.S. green cards in fiscal 2024, representing 4.9 percent of the roughly 1.36 million people granted lawful permanent residence that year, according to Department of Homeland Security data. About 61 percent of those Indian recipients obtained permanent residence through adjustment of status while already living in the United States. (Source: IANS)
