The "public charge" rule is a crucial aspect of U.S. immigration law that has been in existence since 1882. However, it was not until 1999 that it was formally defined. This rule has undergone significant changes over time, especially during the Trump and [Biden administration](https://www.dhs.gov/news/2022/09/08/dhs-publishes-fair-and-humane-public-charge-rule^)s. This article aims to provide a detailed explanation of the "public charge" rule, its history, and its implications for visa applicants. Whether you're a visa applicant, an immigration lawyer, a policy maker, or just a member of the general public interested in U.S. immigration policy, this article will offer valuable insights.

The "public charge" rule defines a "public charge" as someone primarily dependent on the government for subsistence. This dependence is demonstrated by the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Over time, the definition of "public charge" has been expanded and contracted, impacting the eligibility of people for green cards and visas. This article will delve into these changes and their implications in the following sections.

The "public charge" rule has a long history in U.S. immigration law, dating back to the late 19th century. The rule was first introduced in 1882, serving as a criterion for the admission and removal of aliens. However, it wasn't until 1999 that the rule was formally defined. 

According to the 1999 definition, a "public charge" is an individual who is primarily dependent on the government for subsistence. This dependence can be demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. 

Over the years, the definition of "public charge" has been subject to various interpretations and changes. These changes have been influenced by different administrations and their immigration policies. Understanding these changes is crucial for anyone interested in U.S. immigration policy or applying for a visa or green card. In the following sections, we will delve into the significant changes to the "public charge" rule during the Trump and Biden administrations.

The "Public Charge" Rule under the Trump Administration

The [Trump administration](https://www.uscis.gov/archive/final-rule-on-public-charge-ground-of-inadmissibility^) brought significant changes to the "public charge" rule, expanding its definition and subsequently impacting the eligibility of individuals for green cards and visas. 

Under the Trump administration, the definition of "public charge" was expanded to include not only those primarily dependent on the government for subsistence but also those who might become dependent in the future. This expansion was intended to reduce the number of people eligible for green cards and visas, aligning with the administration's broader immigration policies.

In 2018, the State Department further expanded the scenarios when a consular officer could deny a visa application on public-charge grounds. This change meant that even if an individual had not yet received public benefits, their visa application could be denied if the consular officer determined that they were likely to become a public charge in the future.

These changes marked a significant shift in U.S. immigration policy, making it more challenging for certain individuals to obtain visas or green cards. In the next section, we will discuss how the "public charge" rule was altered under the Biden administration.

The Trump administration brought significant changes to the "public charge" rule, expanding its definition and subsequently impacting the eligibility of individuals for green cards and visas. 

The "public charge" rule applies to most applicants for green cards and certain temporary visas. However, it's important to note that there are exemptions for certain categories of visa applicants. 

Refugees and asylees, for instance, are exempt from the "public charge" rule. This means that these individuals can apply for green cards or visas without the risk of being deemed a public charge. 

One significant implication of changes to the "public charge" rule is the potential expansion of the [Department of Homeland Security](https://www.dhs.gov/news/2022/09/08/dhs-publishes-fair-and-humane-public-charge-rule^)'s ability to deport some immigrants who already have green cards. If an individual is deemed a public charge, they could potentially face deportation, even if they already hold a green card. 

Understanding the application of the "public charge" rule is crucial for anyone applying for a visa or green card. In the next section, we will discuss the implications of the rule for visa applicants abroad.

One significant implication of changes to the "public charge" rule is the potential expansion of the Department of Homeland Security's ability to deport some immigrants who already have green cards. If an individual is deemed a public charge, they could potentially face deportation, even if they already hold a green card. 

2019 Presidential Memorandum and its Implications

In 2019, a presidential memorandum was issued directing federal agencies to pursue recovery actions against U.S. citizens and permanent residents if their sponsored immigrant family members receive public benefits. This memorandum further complicated the landscape of the "public charge" rule and its implications for green card holders and their sponsors.

However, it's important to note that relatively few green card holders are eligible for public benefits in the first place. This is due to the stringent eligibility requirements for public benefits, which often exclude non-citizens. Therefore, most green card sponsors are unlikely to be affected by this order.

Despite this, the 2019 memorandum underscores the complexity of the "public charge" rule and its potential implications for U.S. citizens, permanent residents, and visa applicants. Understanding these implications is crucial for anyone navigating the U.S. immigration system. In the final section, we will recap the changes made to the "public charge" rule over time and their implications for visa applicants and the general public.

This guide explains the 'public charge' rule in U.S. immigration law and its impact on visa and green card applications. Learn about its history, recent changes, and its implications for green card and temporary visa applicants, as well as current green card holders.

Understanding the 'Public Charge' Rule in U.S. Immigration Law

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