ALERT: We implemented the Inadmissibility on Public Charge Grounds final rule nationwide on Feb. 24, 2020, including in Illinois where the rule was enjoined until the Supreme Court stayed the injunction on Feb. 21, 2020. The final rule applies to applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. For applications and petitions sent by commercial courier (such as UPS, FedEx and DHL), the postmark date is the date reflected on the courier receipt.
The Final Rule requires applicants for adjustment of status who are subject to the public charge ground of inadmissibility and certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the Final Rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than October 15, 2019. Please read all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020.
USCIS will not consider, and applicants for adjustment of status do not need to report, the application for, certification or approval to receive, or receipt of certain previously excluded non-cash public benefits (such as SNAP, most forms of Medicaid, and public housing) before Feb. 24, 2020. Similarly, USCIS will not consider as a heavily weighted negative factor receipt of previously included public benefits (such as SSI and TANF) before Feb. 24, 2020, in a public charge inadmissibility determination. In addition, USCIS will not consider, and applicants and petitioners submitting applications and petitions for extension of stay and change of status do not need to report, the receipt of any public benefits received before Feb. 24, 2020.
Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and, therefore, are not subject to the final rule. For more information about the classes of aliens who are exempt from the final rule, please see our policy manual. For more information about the final rule, see our news release, our public charge webpage, and our public charge factsheet webpage.
We issued guidance (PDF, 335 KB) in the USCIS Policy Manual to address the Inadmissibility on Public Charge Grounds final rule. For more information, see our policy manual.
