The Final Rule Expanding the Definition of "Public Charge" and its Impact on Legal Immigration

Today, the U.S. Department of Homeland Security (DHS) published a final rule on inadmissibility on public charge grounds, dramatically expanding the definition of “public charge” and incorporating a wider range of public benefit programs creating public charge concerns. The new rule also provides a much broader “totality of the circumstances” framework that lays out positive and negative factors to be considered in determining whether an individual is likely to use public benefits at any point in the future, and thus become a public charge.

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