This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of
status is inadmissible to the United States under section 212(a)(4) of the
Immigration and Nationality Act (INA or the Act), because he or she is likely at any time to become a public charge.
The final rule includes definitions of certain terms critical to the public charge determination, such as ‘‘public charge’’ and ‘‘public benefit,’’ which are not defined in the statute, and explains the factors DHS will consider in the totality of the circumstances when making a public charge inadmissibility determination.
The final rule also addresses USCIS’ authority to issue public charge bonds under section 213 of the Act in the context of applications for adjustment of status. Finally, this rule includes a requirement that aliens seeking an extension of stay or change of status demonstrate that they have not,
since obtaining the nonimmigrant status they seek to extend or change, received public benefits.