GREEN CARD AND PUBLIC CHARGE RULE

An ongoing debate over immigration and self-sufficiency shapes Green Card eligibility and policy changes

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The path to U.S. permanent residency, symbolized by the coveted Green Card, is fraught with complex legal requirements, none more consistently debated and revised than the "public charge” ground of inadmissibility.

This century-old immigration doctrine, which allows the government to deny permanent residency to foreign nationals deemed likely to become financially dependent on the state, has seen dramatic shifts in interpretation over recent years, sparking intense political and social controversy.

What is Public Charge test

The Immigration and Nationality Act (INA) permits the denial of an immigrant visa or adjustment of status (Green Card) to any noncitizen who is found "likely at any time to become a public charge." Historically, and for decades leading up to 2019, the term was interpreted very narrowly by immigration agencies.

Under this longstanding guidance, an immigrant was considered a public charge only if they were likely to be primarily dependent on the government for subsistence, evidenced by the receipt of:

• Public cash assistance for income maintenance (such as Supplemental Security Income, or SSI).

• Government-funded long-term institutionalization for medical or mental health care.

Chilling Effect