Chapter 3 - Applicability

ALERT: This policy guidance applies to all applicants and petitioners as of February 24, 2020. (The Supreme Court of the United States stayed the last nationwide injunction of the Inadmissibility on Public Charge Grounds Final Rule on January 27, 2020 and stayed the statewide injunction in Illinois on February 21, 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, click here.

In general, the grounds of inadmissibility apply to immigration benefits that require that the applicant be admissible to the United States.[1] Unless the alien is requesting an immigration benefit or a classification that does not require admissibility, or that is exempt from the public charge ground of inadmissibility,[2] an alien must establish that he or she is not inadmissible on the public charge ground.[3]

Applicants for extension of stay and change of status are not subject to the public charge ground of inadmissibility,[4] because INA 212(a)(4) specifically references applicants for visas, admission, or adjustment of status. Applicants for extension or change of status are not applying for a visa, admission, or adjustment of status. Therefore, the analysis outlined regarding public charge inadmissibility under the totality of the circumstances is not applicable to nonimmigrants seeking to change or extend their status in the United States. They are, however, subject to the public benefits condition.[5]

A. Applicants Seeking Admission

The public charge ground of inadmissibility[6] generally applies to aliens seeking admission[7] as an immigrant[8] or a nonimmigrant, generally after the U.S. Department of State (DOS) issued the immigrant or nonimmigrant visa,[9] unless they are specifically exempted by statute or regulations.[10] U.S. Customs and Border Protection (CBP) inspects aliens applying for admission to the United States. When an applicant demonstrates admissibility, the applicant may be permitted to enter the United States as an immigrant or nonimmigrant.[11]

B. Categories of Aliens Not Subject to Public Charge Inadmissibility

Certain aliens are not subject to the public charge inadmissibility ground. The regulation contains a list of who is exempt from the public charge inadmissibility ground.[12] For a full list of categories that are subject to public charge see:

1. Applicants Seeking Refugee or Asylee Status

Applicants seeking refugee or asylee status are not subject to the public charge ground of inadmissibility.[13]

2. Certain T Nonimmigrants[14]

Aliens Seeking T Nonimmigrant Status

Aliens who are applying for T nonimmigrant status are exempt from the public charge ground of inadmissibility.[15]

Pending Application for T Nonimmigrant Status or Granted T Nonimmigrant Status

The statute[16] provides an exemption from the public charge ground for any benefit that requires the alien to establish admissibility, if the alien has been granted T nonimmigrant status or if the alien has a pending application that sets forth a prima facie case of eligibility for T nonimmigrant status.[17]

As written in the Immigration and Nationality Act (INA), the exemption from public charge contained in INA 212(a)(4)(E) and the adjustment of status provision for those seeking adjustment based on T nonimmigrant status, INA 245(l)(2), are inconsistent when addressing public charge inadmissibility. Under INA 212(a)(4)(E), aliens granted T nonimmigrant status are mostly exempt from the public charge inadmissibility ground.[18] However, under INA 245(l), public charge inadmissibility applies to those seeking adjustment as a T nonimmigrant, though the inadmissibility may be waived based on national interest. This inconsistency is due to Congress’ failure to amend INA 245(l)(2) when it created INA 212(a)(4)(E) in its current form.[19] Because the amendments to INA 212(a)(4)(E) occurred later in time than the creation of INA 245(l), DHS considers the text and exemption in INA 212(a)(4)(E) controlling.[20] 

Therefore, if an alien is seeking an immigration benefit that is subject to inadmissibility including adjustment of status under INA 245(a)[21] and INA 245(l), the public charge ground of inadmissibility does not apply when establishing eligibility for the benefit, if the following conditions are met:

  • The applicant has a pending application that sets forth a prima facie case of eligibility for T nonimmigrant status;[22] or

  • The applicant has been granted T nonimmigrant status, provided that he or she is in valid T nonimmigrant status at the time the benefit request[23] is properly filed with USCIS and at the time a decision is made on the benefit request.

For purposes of the exemption from the public charge ground of inadmissibility, an applicant is in valid T nonimmigrant status if the application for T nonimmigrant status or derivative T nonimmigrant status appears as approved in the records available to USCIS or in the alien’s file.

It may be possible that, at the time of filing for an immigration benefit, the applicant’s T nonimmigrant status has expired, was revoked, or has otherwise been terminated. The officer should consult the systems available to USCIS to determine whether the applicant is in valid T nonimmigrant status, taking into consideration any extensions. If the applicant did not have valid T nonimmigrant status at the time of filing the benefit request or is no longer in valid T nonimmigrant status at the time USCIS makes a decision on the benefit request subject to public charge grounds, he or she is not exempt from the public charge ground of inadmissibility. The officer, in this case, should proceed with the public charge assessment, as outlined in this Part G.

If the applicant is seeking adjustment of status based on the T nonimmigrant status,[24] the underlying T nonimmigrant status is considered extended until USCIS makes a decision on the adjustment application.[25]

3. Certain U Nonimmigrants[26]

Aliens Seeking U Nonimmigrant Status

Aliens who are petitioning for U nonimmigrant status are exempt from the public charge ground of inadmissibility.[27]

Aliens Granted U Nonimmigrant Status

With one limited exception explained below,[28] the statute provide an exemption from the public charge inadmissibility ground for any benefit that requires the alien to establish admissibility, if the alien has been granted U nonimmigrant status.[29] 

Therefore, U nonimmigrants who are seeking an immigration benefit for which admissibility is required, including adjustment of status under INA 245(a),[30] are generally not subject to the public charge ground of inadmissibility[31] for purposes of establishing eligibility for the immigration benefit.

For this exemption from the public charge ground of inadmissibility to apply, the alien must have been granted U nonimmigrant status, and be in valid U nonimmigrant status at the time the benefit request, such as an application for adjustment of status, is properly filed with USCIS and at the time USCIS makes a decision on the benefit request.

If the officer concludes that the alien does not have valid U nonimmigrant status, then the exemption from the public charge inadmissibility ground does not apply. The officer should adjudicate the application for the immigration benefit subject to the public charge ground of inadmissibility[32] in accordance with the agency guidance.

An alien is in valid U nonimmigrant status if the petition for U nonimmigrant status, or derivative U nonimmigrant status, shows as approved in systems available to USCIS or in the alien’s file. It may be possible that, at the time of filing for an immigration benefit, the alien’s U nonimmigrant status has expired, was revoked, or has otherwise been terminated. The officer should check the records available to USCIS to ascertain whether the alien is in valid U nonimmigrant status, taking into consideration any extensions. If the applicant has a pending application for adjustment of status under INA 245(m) based on U nonimmigrant status, the underlying U nonimmigrant status is extended until USCIS makes a decision on the adjustment application.[33] If the alien did not have valid U nonimmigrant status at the time of filing the benefit request or is no longer in valid U nonimmigrant status at the time USCIS makes a decision on the immigration benefit request subject to the public charge ground, he or she is not exempt from the public charge ground of inadmissibility. The officer, in this case, should proceed with the public charge assessment, as outlined in this Part G.

4. Limited Exemption[34] for T and U Nonimmigrants, VAWA Self-Petitioners, and Qualified Aliens[35]

In general, for purposes of public charge inadmissibility, the following provisions do not apply to qualified alien victims:[36]

  • Public charge inadmissibility, in general;[37]

  • Minimum factors to be considered in the public charge inadmissibility determination;[38] and

  • Inadmissibility for lack of sufficient affidavit of support in family-based immigration cases.[39]

A qualified alien victim[40] includes:

  • A Violence Against Women Act (VAWA) self-petitioner;

  • An alien who is an applicant for, or is granted, U nonimmigrant status;[41] or

  • A qualified alien,[42] such as an alien who has a pending application establishing a prima facie case of eligibility for T nonimmigrant status or has been granted T nonimmigrant status.

When Congress created the current version of INA 212(a)(4)(E), it did not exempt qualified alien victims from the requirements under INA 212(a)(4)(D). INA 212(a)(4)(D) makes certain employment-based immigrants inadmissible on public charge in employment-based cases, unless the alien has a properly executed Form I-864.[43] A sufficient Form I-864[44] is required for employment-based immigrants if:

  • The alien’s relative[45] filed the employment-based petition; or

  • The alien’s relative[46] has a significant ownership interest (of 5 percent or more) in the business or entity that filed the employment-based petition.

Thus, if the alien is a qualified alien victim and is seeking adjustment of status based on an employment-based category for which an Form I-864 is required as described in INA 212(a)(4)(D), the officer does not have to conduct a full public charge inadmissibility assessment, but instead, ensures that a sufficient Form I-864 is submitted. If the alien does not present a sufficient Form I-864,[47] then, the alien is inadmissible on account of public charge. If the alien submits a sufficient Form I-864, as required by INA 212(a)(4)(D), the alien is not inadmissible based on public charge.

If such an alien is required to submit the Form I-864, the applicant cannot submit a Declaration of Self-Sufficiency (Form I-944) to establish that the alien is not a public charge. The applicant must submit a sufficient Form I-864.

5. Other Categories Exempt from the Public Charge Ground of Inadmissibility[48]

Examples of other categories not subject to the public charge ground of inadmissibility include, but are not limited to:[49]

  • Applicants seeking Temporary Protected Status;[50]

  • Aliens seeking registry;[51] and

  • Claimants seeking recognition as American Indians born in Canada.[52]

For a full list of categories that are subject to public charge, see:

C. Adjustment of Status Applicants

The public charge ground of inadmissibility generally applies to applicants seeking adjustment of status to that of a lawful permanent resident (LPR). USCIS screens applicants for adjustment of status who are subject to public charge ground of inadmissibility in accordance with applicable statutory authority, regulations, and policy guidance.

Unless specifically exempt from the public charge ground of inadmissibility, the public charge inadmissibility determination is generally applicable to all applicants for adjustment of status, including:

  • Family-sponsored applicants;

  • Employment-based applicants; and

  • Diversity visa immigrants.[53]

Examples of categories of adjustment applicants exempt from the public charge ground of inadmissibility include, but are not limited to:[54]

  • Asylees and refugees; [55]

  • VAWA self-petitioners,[56] except if seeking adjustment of status in certain employment-based categories;[57]

  • Special immigrant juveniles;[58]

  • Afghan or Iraqi interpreters or Afghan or Iraqi nationals employed by or on behalf of the U.S. government;[59]

  • American Indians born in Canada;[60] and

  • Applicants seeking adjustment under the Cuban Adjustment Act.[61]

For a full list of categories that are subject to public charge, see:

Footnotes


1. [^] See 8 CFR 212.20.

2. [^] See INA 212(a)(4).

3. [^] See INA 291.

4. [^] See INA 214. See INA 248. See 8 CFR 214.1. See 8 CFR 248.

5. [^] For more information, see Volume 2, Nonimmigrants, Part A, Nonimmigrant Policies and Procedures, Chapter 4, Extension of Stay and Change of Status [2 USCIS-PM A.4].

6. [^] See INA 212(a)(4).

7. [^] See INA 101(a)(4) and INA 101(a)(13)(A).

8. [^] An alien who is a lawful permanent resident (LPR) who travels abroad and seeks to enter the United States again is generally not seeking admission under the Immigration and Nationality Act (INA). See INA 101(a)(13)(C). Therefore, an LPR who travels abroad does not undergo another public charge inadmissibility determination upon return to the United States unless CBP determines that the returning LPR is an applicant for admission based on one of the criteria set forth in INA 101(a)(13)(C) (for example, CBP determines that the alien has been absent from the United States for more than 180 days). 

9. [^] DOS officers follow the guidance outlined in DOS regulations and the Foreign Affairs Manual. These determinations are not governed by DHS regulations.

10. [^] See 8 CFR 212.23. For more information, see Section B, Categories of Aliens Not Subject to Public Charge Inadmissibility, Subsection 2, Certain T Nonimmigrants [8 USCIS-PM G.3(B)(2)] and Subsection 3, Certain U Nonimmigrants [8 USCIS-PM G.3(B)(3)].

11. [^] See INA 235. See 8 CFR 235. CBP follows CBP guidance on the determination, in accordance with DHS regulations at 8 CFR 212.20 to 8 CFR 212.23.

12. [^] See 8 CFR 212.23. An exemption is not the same as a waiver of inadmissibility. If an applicant is exempt from an inadmissibility ground by law, then the inadmissibility does not apply by operation of law. In the case of a waiver, the law states that the applicant is subject to a ground of inadmissibility but if inadmissible, may allow the applicant to apply for a waiver. If the alien applies for the waiver and meets the waiver’s requirements so that USCIS can grant the waiver, the alien is no longer inadmissible on the ground that was waived. For more information on the difference between exemptions and waivers, see Volume 9, Waivers and Other Forms of Relief, Part A, Waiver Policies and Procedures [9 USCIS-PM A].

13. [^] See INA 212.23(a)(1) and INA 212.23(a)(2). See INA 207 and INA 208. See 8 CFR 207. Similarly, refugees and asylees seeking adjustment of status based on their refugee or asylee status are not subject to the public charge ground of inadmissibility. See Section C, Adjustment of Status Applicants [8 USCIS-PM G.3(C)].

14. [^] See INA 101(a)(15)(T). See INA 212(d)(13)(A). See INA 214(o). See 8 CFR 212.16(b). See 8 CFR 212.23. See 8 CFR 214.11.

15. [^] See INA 212(d)(13)(A), which states that the Secretary of Homeland Security shall determine whether a ground of inadmissibility exists with respect to a nonimmigrant described in INA 101(a)(15)(T), except that the ground for inadmissibility described in INA 212(a)(4) shall not apply with respect to such nonimmigrant. See also 8 CFR 214.11 and INA 212(a)(4)(E).

16. [^] See INA 212(a)(4)(E)(iii).

17. [^] See INA 212(a)(4)(E)(iii). See 8 CFR 212.16(b) and 8 CFR 212.23(a)(17). INA 212(a)(4)(E)(iii) was amended by Section 804 of the Violence Against Women Act (VAWA) of 2013, Pub. L. 113-4 (PDF), 127 Stat 54, 111 (March 7, 2013). These amendments provided such public charge exemptions. Public charge inadmissibility is not exempted, however, if the T nonimmigrant seeks adjustment of status under an employment-based category in which adjustment and the petitioner is a relative or the relative has a significant ownership interest (5 percent) in the petitioning entity or business. See INA 212(a)(4)(D). For more information, see below in this Chapter 3, Applicability [8 USCIS-PM G.3].

18. [^] See INA 212(A)(4)(E)(iii). An alien exempt under INA 212(a)(4)(E) is exempt from INA 212(a)(4)(A), INA 212(a)(4)(B), and INA 212(a)(4)(C), but not INA 212(a)(4)(D). See INA 212(d)(13)(A), which states that the Secretary of Homeland Security shall determine whether a ground of inadmissibility exists with respect to a nonimmigrant described in INA 101(a)(15)(T), except that the ground for inadmissibility described in subsection (a)(4) shall not apply with respect to such nonimmigrant.

19. [^] See Section 804 of the Violence Against Women Act (VAWA) of 2013, Pub. L. 113-4 (PDF), 127 Stat 54, 111 (March 7, 2013). See INA 245(l) [created by the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 8, 2000)].

20. [^] See 84 FR 41292 (PDF) (Aug. 14, 2019) (final rule), as amended by 84 FR 52357 (PDF) (Oct. 2, 2019) (final rule; correction). Based on the same rationale, DHS also modified current 8 CFR 212.18(b)(2) and 8 CFR 245.23(c)(3) in the public charge rule to reflect Congress’ amendments to INA 212(a)(4)(E) in 2013.

21. [^] Except for employment-based adjustment cases in which the petitioner is a relative or the relative has a significant ownership interest (5 percent) in the petitioning entity or business. See INA 212(a)(4)(D).

22. [^] See INA 101(a)(15)(T).

23. [^] Including an adjustment of status application.

24. [^] Under INA 245(l).

25. [^] See INA 214(o)(7)(C).

26. [^] See INA 101(a)(15)(U). See INA 212(a)(4)(E)(ii). See 8 CFR 212.23(a)(19).

27. [^] See INA 212(a)(4)(E)(ii). See 8 CFR 212.23(a)(19)(i).

28. [^] See Subsection 4, Limited Exception for T and U Nonimmigrants, VAWA Self-Petitioners, and Qualified Aliens [8 USCIS-PM G.3(B)(4)].

29. [^] See INA 212(a)(4)(E)(ii). See 8 CFR 212.23. INA 212(a)(4)(E) was amended by Section 804 of the Violence Against Women Act (VAWA) of 2013, Pub. L. 113-4 (PDF), 127 Stat. 54, 111 (March 7, 2013), which excluded U nonimmigrants from the public charge ground of inadmissibility.

30. [^] Except for a U nonimmigrant who seeks adjustment of status under an employment-based category in which the petitioner is a relative or the relative has a significant ownership interest (5 percent) in the petitioning entity or business. See INA 212(a)(4)(D). For more information, see entry further below in this chapter.

31. [^] See INA 212(a)(4).

32. [^] Under INA 212(a)(4). See 8 CFR 212.20 to 8 CFR 212.22.

33. [^] See INA 214(p)(6)

34. [^] See 8 CFR 212.23(b).

35. [^] See 8 U.S.C. 1641(c).

36. [^] See INA 212(a)(4)(E).

37. [^] See INA 212(a)(4)(A).

38. [^] See INA 212(a)(4)(B).

39. [^] See INA 212(a)(4)(C).

40. [^] As outlined in INA 212(a)(4)(E).

41. [^] Under INA 101(a)(15)(U).

42. [^] As described in 8 U.S.C. 1641(c)

43. [^] See INA 212(a)(4)(D) and INA 203(b).

44. [^] Any reference to Form I-864 includes a reference to Form I-864EZ, as applicable.

45. [^] Relative as defined in 8 CFR 213a.1.

46. [^] Relative as defined in 8 CFR 213a.1.

47. [^] See INA 212(a)(4)(D) and INA 212(a)(4)(E).

48. [^] See 8 CFR 212.23. For a full list of applicant categories and corresponding applicability, see Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications; and Appendix: Applicability of INA 212(a)(4) to Other Applicants. For information on the public charge condition that applies to certain nonimmigrants, see Volume 2, Nonimmigrants, Part A, Nonimmigrant Policies and Procedures, Chapter 4, Extension of Stay and Change of Status [2 USCIS-PM A.4].

49. [^] For a full list of applicant categories and corresponding applicability, see Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications; and Appendix: Applicability of INA 212(a)(4) to Other Applicants.

50. [^] See 8 CFR 244.3.

51. [^] See INA 249. See Volume 7, Adjustment of Status, Part O, Registration, Chapter 4, Aliens Who Entered the United States Prior to January 1, 1972 [7 USCIS-PM O.4]. 

52. [^] See INA 289. See Akins v. Saxbe, 380 F.Supp. 1210, 1219 (D. Me. 1974) (“the intent of Congress in enacting [INA 289] was to preserve the aboriginal right of American Indians to move freely throughout the territories originally occupied by them on either side of the American and Canadian border, and, thus, to exempt Canadian-born Indians from all immigration restrictions imposed on aliens by the Immigration and Nationality Act). See Matter of Yellowquill, 16 I&N Dec. 576, 578 (BIA 1978) (“American Indians born in Canada who are within the protection of section 289 of the Act are not subject to deportation on any ground.”). But see Perrault v. Larkin, No. 03-3069-RDR, 2005 WL 2455351 at *2 (D. Kan. 2005) (rejecting petitioner’s claim that he is exempt from removal as an American Indian born in Canada because petitioner did not come forward with any evidence to support his claim and efforts by legacy Immigration and Naturalization Service to verify petitioner's membership in the Cree Tribe were unsuccessful).

53. [^] Officers should refer to Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications; and Appendix: Applicability of INA 212(a)(4) to Other Applicants for detailed information on whether a particular category of applicant is subject to the public charge ground of inadmissibility.

54. [^] See 8 CFR 212.23. For a full list of applicant categories and corresponding applicability, see Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications; Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications; and Appendix: Applicability of INA 212(a)(4) to Other Applicants.

55. [^] See INA 209. See 8 CFR 209.1 and 8 CFR 209.2.

56. [^] See INA 101(a)(51).

57. [^] See INA 212(a)(4)(D).

58. [^] See INA 245(h).

59. [^] As described in Section 1059(a)(2) of the National Defense Authorization Act for Fiscal Year 2006, Section 1059 of Pub. L. 109-163 (PDF), 119 Stat. 3136, 3443-3444 (January 6, 2006), as amended, and Section 602(b) of the Afghan Allies Protection Act of 2009, Pub. L. 111-8 (PDF), Title VI (March 11, 2009), as amended, and Section 1244(g) of the National Defense Authorization Act for Fiscal Year 2008, as amended, Section 1244 of Pub. L. 110-181 (PDF), 122 Stat. 3, 396 (January 28, 2008).

60. [^] As described in INA 289.

61. [^] See Pub. L. 89-732 (PDF) (November 2, 1966).

10 U.S.C. 504(b) - Citizenship or residency

15 U.S.C. 1681 - Congressional findings and statement of purpose

21 U.S.C. 802 - Definitions

21 U.S.C. 841 - Prohibited acts A

22 CFR 40.51 - Labor certification

29 CFR 570 - Child labor regulations, orders and statements of interpretation

29 U.S.C. 213(c) - Child labor requirements

31 U.S.C. 9304-9308 - Sureties and surety bonds

31 U.S.C. 9305 - Authority and revocation of authority of surety corporations

38 U.S.C 1965 - Definitions

42 CFR 34.4 - Medical notifications

42 U.S.C. 1382c - Definitions

42 U.S.C. 413 - Quarter and quarter of coverage

42 U.S.C. 416(l) - Retirement age

7 CFR 273 - Certification of eligible households

8 CFR 1.2 - Definitions

8 CFR 1.3 - Lawfully present aliens for purposes of applying for Social Security benefits

8 CFR 1003.14 - Jurisdiction and commencement of proceedings

8 CFR 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals

8 CFR 103.6 - Surety bonds

8 CFR 204.5 - Petitions for employment-based immigrants

8 CFR 212.20-212.23 - Applicability of public charge inadmissibility; Definitions; Public charge determination; Exemptions and waivers for the public charge ground of inadmissibility

8 CFR 212.21(b) - Public Benefits

8 CFR 212.4 - Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3)

8 CFR 213.1 - Admission under bond or cash deposit

8 CFR 213a - Affidavits of support on behalf of immigrants

8 CFR 214.2 - Special requirements for admission, extension, and maintenance of status

8 CFR 214.2 - Special requirements for admission, extension, and maintenance of status

8 CFR 235 - Inspection of persons applying for admission

8 CFR 245.11 - Adjustment of aliens in S nonimmigrant classification

8 CFR 292 - Representation and appearances

8 CFR 293.1 - Computation of interest

8 U.S.C. 1363 - Deposit of and interest on cash received to secure immigration bonds

8 U.S.C. 1601-1646 - Restricting welfare and public benefits for aliens

8 U.S.C. 1611 - Aliens who are not qualified aliens ineligible for Federal public benefits

8 U.S.C. 1612 - Limited eligibility of qualified aliens for certain Federal programs

8 U.S.C. 1613 - Five-year limited eligibility of qualified aliens for Federal means-tested public benefit

8 U.S.C. 1641 - Definitions

INA 101 - Definitions

INA 101(a)(15) - Nonimmigrant classifications

INA 201 - Worldwide level of immigration

INA 203 - Allocation of immigrant visas

INA 208 - Asylum

INA 212(a)(4) - Public charge

INA 212(d) - Temporary admission of nonimmigrants

INA 213 - Admission of certain aliens on giving bond or undertaking; return upon permanent departure

INA 235 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

INA 237(a)(5) - Public charge (deportable aliens)

INA 239, 8 CFR 239 - Initiation of removal proceedings

INA 245(j) - Adjustment to permanent resident status

INA 2488 CFR 248 - Change of nonimmigrant classification

INA 289 - Application to American Indians born in Canada

Inadmissibility on Public Charge Grounds, 84 FR 41292 (Aug. 14, 2019) (Final rule)

Pub. L. 104-193 - Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

Pub. L. 104-208 - Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Pub. L. 106-395 - Child Citizenship Act of 2000

Pub. L. 111-293 - Help Haitian Adoptees Immediately to Integrate Act of 2010

Pub. L. 111-8 - Section 602(b), Title VI of the Afghan Allies Protection Act of 2009

Pub. L. 113-4 - 127 Stat 54 of the Violence Against Women Reauthorization Act of 2013

Pub. L. 89-732 - Cuban Refugees Adjustment of Status

Section 11, 26 Stat 1084 of the Immigration Act of 1891

Section 212(a)(15), 66 Stat 163, 183 of the Immigration and Nationality Act of 1952

Sections 1-2, 22 Stat 214 of the Immigration Act of 1882

Appendices

Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications

Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications

Applicability of INA 212(a)(4) to Other Applicants

Appendix: Applicability of INA 212(a)(4) to Other Applicants

Appendix: Applicability of INA 212(a)(4) to Other Applicants

Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications

Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications

Eligibility for Public Benefits

Appendix: Eligibility for Public Benefits

Appendix: Eligibility for Public Benefits

Totality of the Circumstances Framework

Appendix: Totality of the Circumstances Framework

Appendix: Totality of the Circumstances Framework

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

AFFECTED SECTIONS

 

POLICY ALERT - Implementation of Guidance on Inadmissibility on Public Charge Grounds

February 24, 2020

This update incorporates into Volumes 2, 8, and 12 policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced February 5, 2020, implementing the Inadmissibility of Public Charge Grounds Final Rule. This guidance is in effect as of February 24, 2020 and applies to all applications and petitions postmarked on or after that date, including in Illinois. (On February 21, 2020, the Supreme Court of the United States stayed the last remaining injunction in the State of Illinois, allowing DHS to implement the final rule nationwide.) 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, click here.

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POLICY ALERT - Public Charge Ground of Inadmissibility

February 05, 2020

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual to address the final rule on the public charge ground of inadmissibility. This policy guidance is effective on February 24, 2020, and will apply to all applicants and petitioners filing applications and petitions for adjustment of status, extension of stay, and change of status, except for applicants and petitioners in the State of Illinois, whose cases will be adjudicated under prior policy, including the 1999 Interim Field Guidance and AFM Ch. 61.1. For additional information, see Public Charge Inadmissibility Determinations in Illinois. 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 Inadmissibility on Public Charge Grounds final rule. For more information about the classes of aliens who are exempt from the final rule, click here.

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Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

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