USCIS Goes Back to Old 1999 Public Charge Rule - What's the difference?

So Form I-944 is suspended, now what? It's undeniable that it is a relief for many applicants, however, don't let your guard down too much! Let's take a look at what you still need to pay attention to. 

For those who haven't followed the news, here has more details: Judge Issued an Order to Stop Public Charges During COVID-19

*Updates on September 11th: USCIS once again applies new Public Charge Rule and requires applicants after Feb. 24th, 2020 to submit Form I-944. More details here.

**New Updates 11/2/2020: Federal Judge Blocked Public Charge Rule (Form I-944) again. See here for more details!

***New Updates March 9th, 2021: Public Charge Rule Form I-944 is No Longer Needed After March 9th, 2021!

1. Public Charge Rule Is Not New

You probably didn't hear about Public Charges a lot before the new rules came out. This is because USCIS rarely rejected cases due to public charges before. In face, Public Charge rules have been in effect since 1999 and has been going on for years!

2. Old vs New Public Charge Rules

So what's the difference? You asked. Well, we can break this down into a few points:

1) Definition is different

The original Public Charge Rule that took place in 1999 defined the term "public charge" as an individual primarily dependent on the government for subsistence, as demonstrated by either 

• Receipt of public cash assistance for income maintenance OR
• Institutionalization for long-term care at government expense

The new Public Charge Rule that took place on Feb.24, 2020 and now being suspended defined the term "public charge" as individual who is likely to receive at any time in the future public benefits for more than 12 months in the aggregate within a 36-month period.

2) Public Benefits Consideration

In old rules, only certain "cash" benefits were considered such as security income, temporary assistance for needy families, etc. However, the new rules expands the definition and include a broader range including non-cash assistance benefits such as Medicaid, supplemental program, public housing, and more.

3) Factor Weights

The new public charge rule categorizes the factors into positive, negative, heavily positive, and heavily negative weight. This mean some factors can weight heavier than others. We had mentioned this in my previous blog post. Learn more details here: How to Overcome Form I-944 Public Charge Final Rule

How Can the Public Charge Rule Affect Green Card Applicants Now?

Several lawyers have indicated that although the Public Charge Final Rule is currently suspended, USCIS is still likely to actively consider the 5 main factors in INA in addition to the affidavit of support requirements, which include:

• Age
• Health
• Family Status
• Financial Status, Assets & Resources
• Education & Skills

Final words - it's probably not safe to be heavily replying on your sponsor's financial support for you green card I-485 application anymore! Providing strong supporting evidence to prove that you are financially independent is the key to be considered "self-sufficient" and avoid becoming a public charge. 

More interesting topics

• DIY How I Applied for My Green Card with No RFE!
• How to Overcome I-944 Public Charge Rules 
• Green Card Interview During COVID-19