U.S. Citizenship and Immigration Services (USCIS) published an advanced notice of proposed rulemaking (ANPRM) regarding its administration of the public charge ground of inadmissibility.

Key Points:

  • USCIS is seeking broad public feedback on the public charge ground of inadmissibility for the next 60 days that will help the agency develop a future regulatory proposal.
  • The notice states that USCIS “intends to propose a rule that will be fully consistent with law; that will reflect empirical evidence to the extent relevant and available; that will be clear, fair, and comprehensible for officers as well as for noncitizens and their families; that will lead to fair and consistent adjudications and thus avoid unequal treatment of the similarly situated; and that will not otherwise unduly impose barriers on noncitizens seeking admission to or adjustment of status in the United States.”
  • The 2019 public charge rule is still not in effect, and the notice does not change eligibility requirements for immigration benefits.

Additional Information: Individuals may provide oral comments during two virtual public listening sessions if they register by noon EST on the Sunday before the listening session in question. The two sessions will take place on Sept. 14 at 2 p.m. EST and Oct. 5 at 2 p.m. EST. Further registration instructions can be found within the published notice. Written comments are due by Oct. 22.

More information about the public charge ground of inadmissibility is available on this USCIS page, where the agency recently added FAQs to reduce confusion about what standards are in place.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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