- Thousands of Indians seeking US green cards could face greater scrutiny under new public charge guidance effective September 18.
- US Citizenship and Immigration Services said officers may consider housing assistance, food stamps, college financial aid and other means-tested benefits when deciding whether an applicant is likely to become a public charge.
- About 66,800 India-born immigrants obtained US green cards in fiscal 2024, accounting for 4.9 per cent of the 1.36 million people granted lawful permanent residence that year, according to Department of Homeland Security data.
Thousands of Indians seeking US green cards could face heightened scrutiny under a new public charge rule effective September 18, as announced by the US Citizenship and Immigration Services (USCIS). This rule expands the definition of a public charge to include various means-tested benefits such as housing assistance, food stamps, and college financial aid.12
The final rule, published in the Federal Register on July 20, allows USCIS officers to consider a broader range of factors, including age, health, family status, finances, and educational background. According to USCIS, these factors will help determine an applicant's likelihood of becoming a public charge.
In fiscal 2024, approximately 66,800 India-born immigrants received green cards, making up 4.9 percent of the total 1.36 million granted lawful permanent residence, as per Department of Homeland Security data. The rule, which has roots in the Trump administration's immigration policies, aims to provide officers with more discretion in denying adjustment of status applications.3
Legal experts, including immigration attorneys Cyrus Mehta and Damira Zhanatova, warn that the new rule could lead to significant consequences for applicants. They noted that the public charge rule would grant even more discretion to officers, potentially resulting in a higher rate of application denials.
The Kaiser Family Foundation estimates that between 1.4 million and 4.1 million Medicaid and CHIP enrollees living with a non-citizen may leave the program due to the new rule, which could further complicate the immigration landscape for many families.
“Thousands of Indians seeking US green cards could face greater scrutiny under the new public charge guidance, which considers various means-tested benefits. In fiscal 2024, about 66,800 India-born immigrants obtained US green cards, making up 4.9% of the total 1.36 million granted lawful permanent residence.”
