Thousands of Indian green card applicants could face wider financial scrutiny under new US immigration guidance taking effect next month….reports Asian Lite News Desk
New US green card rules could bring greater financial scrutiny for thousands of Indians seeking permanent residency, with immigration officers set to consider a wider range of public benefits when assessing whether applicants could become a “public charge”.
The new guidance from US Citizenship and Immigration Services (USCIS) will take effect on September 18 and could affect Indian applicants seeking green cards through family and employment-based immigration categories.
Under the revised policy, officers may consider benefits such as housing assistance, food aid and other means-tested programmes when determining whether an applicant is likely to become financially dependent on the US government.
The change follows the Department of Homeland Security’s decision to rescind the Biden administration’s 2022 public charge regulations. The final rule was announced on July 16 and published in the Federal Register on July 20.
The new guidance will apply to Form I-485 applications for permanent residence or adjustment of status that are postmarked or electronically submitted on or after September 18. Applications submitted between December 23, 2022 and September 17, 2026 will continue to be assessed under the 2022 regulations and associated guidance.
The policy does not apply to people who already have US green cards or citizenship.
Most family-sponsored applicants will be subject to the public charge assessment. This includes spouses, children and parents of US citizens, as well as spouses and children of lawful permanent residents.
Adult children and siblings of US citizens, fiancé(e)s of US citizens, and widows or widowers of US citizens are also among those covered.
Several employment-based immigration categories will also face the assessment, including priority workers, professionals with advanced degrees, people with exceptional ability, skilled workers, investors and religious workers.
Foreign medical graduates, international broadcasters and certain current or former US government employees working abroad are also included.
However, Congress has exempted a number of humanitarian and special immigration categories. These include refugees, asylees, Temporary Protected Status applicants, victims of human trafficking and certain criminal activity, and qualifying self-petitioners under the Violence Against Women Act.
Special immigrant juveniles, certain Afghan and Iraqi nationals who worked for the US government, applicants under the Cuban Adjustment Act and some surviving relatives of US military personnel are also exempt.
Under the new guidance, USCIS officers must assess five statutory factors: the applicant’s age, health, family status, assets and financial position, and education and skills.
Officers can also consider Form I-864, the affidavit of support through which a sponsor agrees to use their financial resources to support an immigrant.
The treatment of public benefits will also change. For benefits received before September 18, USCIS will consider only public cash assistance for income maintenance and government-funded long-term institutional care.
For means-tested benefits received on or after September 18, officers may consider a broader range of assistance, including housing and food benefits.
USCIS said applications would be assessed individually and that officers would consider all relevant evidence under the “totality of the circumstances”. Receiving a covered benefit would not automatically result in an application being rejected.
No single factor can independently establish that an applicant is likely to become a public charge, except where a required affidavit of support is insufficient.
Applicants found inadmissible solely on public charge grounds may also be given the option of posting a cash or surety bond. The amount would be based on the government assistance the applicant could potentially receive over the following five years.
USCIS said applicants should not submit unsolicited bonds. Form I-945 can be filed only after the agency issues a Notice of Intent to Deny that specifically invites the applicant to post a public charge bond.
The policy could have particular relevance for Indian applicants, who represent one of the largest groups obtaining US permanent residency.
According to Department of Homeland Security data, about 66,800 India-born immigrants obtained US green cards in fiscal year 2024, representing 4.9 per cent of the 1.36 million people granted lawful permanent residence that year.
About 61 per cent of Indian recipients obtained permanent residency through adjustment of status while already living in the United States.
