{"id":4170,"date":"2020-07-28T02:57:38","date_gmt":"2020-07-28T07:57:38","guid":{"rendered":"https:\/\/krilaw.com\/?p=4170"},"modified":"2026-04-08T16:06:55","modified_gmt":"2026-04-08T21:06:55","slug":"faqs-about-the-public-charge-rule","status":"publish","type":"post","link":"https:\/\/krilaw.com\/es\/faqs-about-the-public-charge-rule\/","title":{"rendered":"FAQs About the Public Charge Rule"},"content":{"rendered":"

The Public Charge Rule mandated by the<\/span> U.S. Citizenship and Immigration Services<\/span><\/a> (USCIS) states that immigrants coming to the United States cannot rely financially on the government to support them. The public charge rule applies to all individuals coming into the United States, but it is largely misunderstood. Below are some of the most frequently asked questions surrounding the public charge rule and their answers.<\/span><\/p>\n

Is the Public Charge Rule New?<\/h2>\n

The public charge rule is not new. Congress passed the law in 1882, and it has been in place since that time. However, the USCIS made the rule more restrictive in early 2020. The new rule is more restrictive than it was in the past, as it requires a test that considers the totality of the circumstances to determine if an immigrant is likely to become a public charge at any time after they enter the United States.<\/span><\/p>\n

How is it Determined if a Person is a Public Charge?<\/h2>\n

When determining if a person is a public charge, the USCIS considers each case individually and applies the determination test that has two distinct parts. The first determines if the person has received a public benefit at any time in the past. The second part of the test is much more vague, as it only considers whether the individual is likely to become a public charge in the future.<\/span><\/p>\n

What Public Benefits Deem a Person a Public Charge?<\/h2>\n

Not all public benefits deem a potential immigrant as a public charge. The benefits that make a person ineligible include:<\/span><\/p>\n