New Public Charge Rule, Not Retroactive

by Alan Lee, Esq.

I have not read the advance copy of the final rule as it is over 800 pages, so this is not a comprehensive summary and is only based on reading the regulation itself and not the comments save for those dealing with health insurance. This can best be used as a quick guide to most of the changes to the public charge section. The rule goes into effect on 10/15/19, and all cases will be judged by it which are submitted on that day or after.

All cases submitted prior to that date will be judged by the old rules. Under the old rules, food stamps (SNAP), section 8 housing vouchers and any other benefits excluded from consideration now are not to be considered. Those that would be considered public benefits now and are received before 10/15/19 will be considered in the totality of the applicant’s circumstances, but will not be weighed heavily. Those include any amount of cash assistance for income maintenance, including SSI, Temporary Assistance for Needy Families (TANF), state and local cash assistance programs that provide benefits for income maintenance (often called general assistance programs), and programs including Medicaid supporting aliens who are institutionalized for long-term care, received, or certified for receipt.

The standard of proof in determining the public charge ground is whether someone is "more likely than not" at any time to become a public charge.

To read the whole article, click here.