Kathleen Campbell Walker is a member of Dickinson Wright PLLC and serves as a co-chair of the Immigration Practice Group. She is a former national president and general counsel of the American Immigration Lawyers Association (AILA) and is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.
The concept of a public charge ground of inadmissibility has been a part of immigration law for more than a century and the current statutory provision of the Immigration and Nationality Act, as amended (INA), has not been changed. Yet, based on a proposed regulatory change published by the Department of Homeland Security (DHS) on August 14, 2019, the public charge ground will be redefined and infused with a new level of power, scope, and importance as of October 15, 2019 to deny applications for admission, changes or extensions of nonimmigrant status, as well as to adjustment applications to immigrate to the U.S. The specific standards applied to nonimmigrant applications, however, are not the same as for adjustment applicants, which can lead to confusion of what standard is applicable to the facts.
Some Background
In the past, U.S. Citizenship and Immigration Services (USCIS) would define a “public charge,” as someone who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” To make a determination, USCIS would review factors such as: age, health, family status, assets, resources, financial status, education, and skills.
