On or after February 24, 2020 the U.S. Department of Homeland Security begin to implement nationwide the inadmissibility on public charge ground rule. The final rule applies to an applicant for admission or adjustment of status or visa. The applicant must prove that he is self-sufficient. The applicant who is likely at any time to become a public charge is inadmissible.

The officer must consider the applicant’s specific circumstances within the totality of the circumstances framework when assessing the applicant’s likelihood of becoming a public charge. A heavily weighted negative factor could be outweighed by positive factors demonstrating that the applicant has the potential ability to be self-sufficient.

Heavily Weighted Negative Factors

              – Lack of employability. USCIS considers the ability to be employed and past employment to be directly indicative of whether an applicant is likely to become a public charge. The applicant is authorized to work, but is unable to demonstrate current employment, recent employment history, or a reasonable prospect of future employment. This heavily weighted negative factor does not apply to full-time students.

              – The applicant has received or has been certified or approved to receive one or more public benefits. Officers must not count public benefits for which the applicant received before February 24, 2020, for purposes of this heavily weighted negative factor. The officers considers public benefits received in the past as a negative factor.

              – The applicant has been diagnosed with a medical condition that is likely to require extensive medical treatment or institutionalization or that will interfere with the applicant’s ability to provide and care for himself, to attend school, or to work.

              – The applicant is uninsured and has neither the prospect of obtaining private health insurance, nor the financial resources to pay for reasonably foreseeable medical costs.

Heavily Weighted Positive Factors

              – The applicant’s household has income, assets, or resources, and support of at least 250% of the federal poverty level for the applicant’s household size.

              – The applicant is authorized to work and is currently employed with an annual income of at least 250% of the federal poverty level for the alien’s household size.

              – The applicant has private health insurance for the expected period of admission. This does not include health insurance for which the applicant receives subsidies in the form of premium tax credits under the Patient Protection and Affordable Care Act (ACA).