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Federal immigration law requires those applying for lawful permanent resident (LPR) status to demonstrate that they will not become a financial burden on American taxpayers. Previously, those determinations were based on a wide range of factors, including the education level and income of the applicant. However, the Trump administration has ordered USCIS officials to begin considering whether an applicant has previously received public assistance, potentially putting LPR status out of reach for millions of immigrants. Below, learn more about this doctrine and how the policies have changed. 

What Is the Public Charge Doctrine?

immigration lawThe public charge doctrine allows immigration law officials to deny admission to anyone who is likely to become reliant upon the government. Under previous administrations, any individual that needed government programs or required long-term institutionalization at the government’s expense could be considered a public charge.

What Are the Factors Used in Determining the Risk of Becoming a Public Charge?

Until this year, USCIS officials weighed a variety of factors when determining the likelihood that an applicant would become a public charge, including their income, level of education, skills, and assets. According to the new rule, USCIS may also use any prior use of public benefits as grounds to reject a visa application. 

What Benefits May Impact LPR Status?

Under the new rules, immigration law officials may deny any individual who has received cash assistance, housing assistance, Medicaid, food aid, or Supplemental Security Income for more than 12 months in a 36-month period. Fortunately, some types of benefits are exempt from consideration, such as Medicare services for pregnant women, school lunch programs, student loans, food pantries, or disaster relief.


If you’re applying for LPR status, the guidance of a skilled immigration law firm can be instrumental in achieving your goal. For over 13 years, the legal team at Berd & Klauss, PLLC in New York City has provided detailed advice and exemplary service to clients from all across the globe. Visit their website for more on their immigration visa services, and call (212) 461-7152 to schedule your initial consultation.

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