Alert: On Dec. 23, 2022, the Department of Homeland Security’s (DHS) Public Charge Ground of Inadmissibility final rule will go into effect. This final rule, which was previously announced, provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The final rule is similar to the 1999 Interim Field Guidance that was in place for two decades before the 2019 final rule, which has not been in effect since March 9, 2021.
The final rule will apply to adjustment of status applications postmarked (or electronically submitted, if applicable) on or after Dec. 23.
On Dec. 19, 2022, USCIS published a Policy Manual update to provide guidance to USCIS officers on how to implement this regulation fairly and consistently, and to better inform the public about how the rule will be implemented. The policy guidance will go into effect on Dec. 23, 2022, and applies prospectively to adjustment of status applications filed (or electronically submitted, if applicable) on or after that date. The policy update will supersede the public charge inadmissibility guidance found in the 1999 Interim Field Guidance, and any related guidance addressing public charge inadmissibility.
To learn more about how we are applying the public charge ground of inadmissibility, visit our Public Charge Resources page.