top of page

‘Public Charge’ Rule Vacated by Federal Judge; USCIS cannot apply standards in new Visa applications

On Monday, a federal judge vacated a policy that allowed officials to deny green cards to immigrants who might need public assistance, also known as the “public charge” rule. The rule — announced in September 2018 — effectively created wealth tests for immigrants deemed likely to use a broad range of government assisted social programs, such as food stamp usage.


Judge Gary Feinerman wrote the rule was a violation of the Administrative Procedure Act, which governs how regulations are developed and rolled out. As a result, the United States Citizenship and Immigration Services cannot apply the new standard in reviewing applications. The rule had stated that any applicant likely to use housing vouchers, food stamps and nonemergency Medicaid, among other public benefits, for certain amounts of time could be denied a green card.

The Trump administration is expected to appeal the decision.


 
 
 

Recent Posts

See All
🗞️ May 2025 Visa Bulletin

The Department of State has announced the availability of immigrant numbers in its monthly bulletin. Clink link below for...

 
 
 
🗞️ April 2025 Visa Bulletin

The Department of State has announced the availability of immigrant numbers in its monthly bulletin. Clink link below for...

 
 
 

Comments


CONTACT

Garganigo Goldsmith & Weiss

14 Penn Plaza, Suite 1414

New York, NY 10122

Phone: 212-643-6400

Fax: 212-643-6549

Email: askggw@ggw.com

QUICK LINKS

Copyright © 2024 Garganigo Goldsmith & Weiss.

All rights reserved

Subscribe to Our Mailing List:

Thanks for subscribing!

Disclaimers

This is considered Attorney Advertising by some Bar Associations. Prior results do not imply future similar results. Communication does not imply Attorney-Client relationship.

bottom of page