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USCIS Files Plan To Update Public-Charge Test For Green Cards

The proposal now enters public review, leaving existing rules in place.

Overview

  • USCIS submitted the proposal on November 3 to the Office of Information and Regulatory Affairs, describing an update to evaluation criteria without detailing added benefits or new paperwork.
  • Until the draft appears in the Federal Register and the rulemaking concludes, the current public‑charge policy applies and applicants are advised not to change their filing strategies.
  • USCIS notes that certain qualified groups such as refugees, asylees, trafficking victims, and minors may receive some benefits without automatic public‑charge inadmissibility.
  • For international travel, lawful permanent residents should carry a passport or refugee travel document and present their Green Card on return, and CBP officers may assess ties to the United States when deciding if residence was abandoned.
  • Residents planning to be abroad over one year should obtain a Reentry Permit with Form I‑131, permits lapse after two years, SB‑1 visas may be needed for longer absences, and trips of six months or more can disrupt continuous residence for naturalization with Form N‑470 available in limited cases.