Proposed Rule to Expand Definition of “Public Charge” to Be Published on Wednesday

The U.S. Department of Homeland Security (DHS) is scheduled to publish a proposed rule on Wednesday, October 10, 2018, entitled Inadmissibility on Public Charge Grounds. This rule would greatly expand the categories of public benefits looked at to determine whether a foreign national may be deemed a public charge (i.e., a person who is likely to become financially dependent on public benefits).

Once the rule is published, the public will be provided with 60 days to submit comments on the proposal. After the 60-day period, the DHS must consider the comments and determine if and when to publish a final rule. This rule will not go into effect until and unless the final rule is published. A more detailed analysis of the proposal will be posted on MurthyDotCom in the near future.


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