The New Immigration Regulations as of February 24, 2020

Individuals are inadmissible to the United States if they are unable to care for themselves without becoming a Public Charge.

Benefits Included In Public Charge Inadmissibility Determinations


  • Any federal, state, local, or tribal cash assistance for income maintenance
  • Supplemental Security Income (SSI)
  • Temporary Assistance for Needy Families (TANF)
  • Federal, state or local cash benefit programs for income maintenance (often called “General Assistance” in the state context, but which may exist under other names)
  • Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”)
  • Section 8 Housing Assistance under the Housing Choice Voucher Program
  • Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
  • Public Housing under Section 9 the Housing Act of 1937, 42 U.S.C. 1437 et seq.
  • Federally funded Medicaid (with certain exclusions)

A Public Charge inadmissibility determination is Prospective in nature.  That means, if DHS determines that an alien can or may become a Public Charge at some time in the future, the alien could be considered inadmissible.

This draconian approach to U.S. immigration is punitive and un-American.

Steve Miller and Ken Cuccinelli are the most destructive and negative influences in the Trump administration.  They are determined to reduce U.S. legal immigration by 50%.

A USCIS Officer can make a unilateral determination regarding a Public Charge by considering the applicant’s:

  • Age;
  • Health;
  • Family status;
  • Assets, resources, and financial status;
  • Education and skills;
  • Prospective immigration status;
  • Expected period of admission; and
  • Sufficient Form I-864, when required under Section 212(a)(4)(C) or (D) of the INA.

These arbitrary factors will generally weigh heavily in favor of finding that an alien is more than likely to become a public charge at some time in the future.

There is an option for an alien deemed to be inadmissible by posting an immigration bond.

This anti-immigration administration must be eliminated and we must return to a humane and compassionate approach to legal U.S. immigration.


For additional information, and for a free copy of our Newsletter contact:

American Immigration Attorneys, PLLC

(386) 585-4384


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Palm Coast, FL 32137
Phone: (386) 585-4384
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