New US green card rule may hit Indians

The U.S. Citizenship and Immigration Services (USCIS) has introduced new immigration guidelines set to take effect on September 18, 2023, which may impact thousands of Indians seeking green cards. Under the revised regulations, immigration officers will be required to assess applicants' financial status and usage of means-tested benefits such as housing assistance, food stamps, and college financial aid when evaluating their likelihood of becoming a public charge.

This change comes after the Department of Homeland Security (DHS) rescinded the 2022 Biden-era public charge regulations on July 16, with the final rule published in the Federal Register on July 20.

The new rule applies to Forms I-485, which are used for permanent residence or adjustment of status, and will be enforced for applications postmarked or electronically submitted on or after September 18. Applications submitted between December 23, 2022, and September 17, 2026, will continue to be processed under the 2022 guidelines.

The change may affect Indians seeking permanent residence through family and employment categories, including spouses, children, parents, and other eligible relatives of U.S. citizens. However, it does not apply to individuals already holding green cards or U.S. citizenship.

USCIS officers must consider five statutory factors: the applicant's age, health, family status, assets, education, and skills. They may also review Form I-864, an affidavit where a sponsor agrees to provide financial support to the immigrant. For benefits received before September 18, officers will only consider public cash assistance for income maintenance and government-funded long-term institutional care.

For benefits received on or after the new date, officers may consider any means-tested benefits, including housing and food assistance.

The agency emphasizes that receiving a covered benefit will not automatically lead to rejection, and applicants found inadmissible solely on public charge grounds may be invited to post a cash or surety bond, based on the potential government assistance the person could receive over the next five years. The change applies to about 66,800 India-born immigrants who obtained U.S. green cards in fiscal 2024, making up 4.9 percent of the 1.36 million people granted lawful permanent residence that year.