White House proposes new rules to test ‘public charge’

The Trump Administration has proposed changes to the “public charge” rule that could have substantial implications on legal immigration processes.

Historically, immigrants to the U.S. have had to prove they will not become a “public charge,” or an individual who may require public assistance from the government.

The proposed rule establishes a Totality of the Circumstances Test, which will address factors including earning potential, family size, health, language proficiency, education and more. Immigration officers will be tasked with determining the likelihood the intending immigrant will become a “public charge” from a subjective standpoint, in addition to current objective qualifiers.

– Joel Pfeffer, Meyer, Unkovic & Scott