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Public charge rule
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Public charge rule
Under the public charge rule, immigrants to the United States classified as Likely or Liable to become a Public Charge may be denied visas or permission to enter the country due to their disabilities or lack of economic resources. The term was introduced in the Immigration Act of 1882. The restriction has remained a major cause for denial of visas and lawful permanent residency ever since; in 1992, about half of those denied immigrant and non-immigrant visas for substantive reasons were denied due to the public charge rule. However, the administrative definition of "public charge" has been subject to major changes, notably in 1999 and 2019.
The Immigration Act of 1882 found immigrants who were "unable to take care of himself or herself without becoming a public charge" unsuitable for American citizenship and therefore denied their entry. In addition to the liable to public charge, the act initiated a fifty cent head tax which would be used for bureaucratic processes. The act also denies entry of convicts.
The Immigration Act of 1891 continued this exclusion:
The following classes of aliens shall be excluded from admission into the United States ... All idiots, insane persons, paupers or persons likely to become a public charge, persons suffering from a loathsome or a dangerous contagious disease, persons who have been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude, polygamists…
The Immigration Act of 1903 allowed the deportation of immigrants who became a public charge within their first two years in the country.
In its 1915 decision in Gegiow v. Uhl, the US Supreme Court found that the public charge restriction applied exclusively to those immigrants who "by reason of poverty, insanity, disease or disability would become a charge upon the public."
The Immigration and Nationality Act (enacted in 1952, and amended in 1965) declares "any alien likely at any time to become a public charge" as inadmissible to the country and those who have received public benefits within their first five years in the United States as deportable.
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable.
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Public charge rule
Under the public charge rule, immigrants to the United States classified as Likely or Liable to become a Public Charge may be denied visas or permission to enter the country due to their disabilities or lack of economic resources. The term was introduced in the Immigration Act of 1882. The restriction has remained a major cause for denial of visas and lawful permanent residency ever since; in 1992, about half of those denied immigrant and non-immigrant visas for substantive reasons were denied due to the public charge rule. However, the administrative definition of "public charge" has been subject to major changes, notably in 1999 and 2019.
The Immigration Act of 1882 found immigrants who were "unable to take care of himself or herself without becoming a public charge" unsuitable for American citizenship and therefore denied their entry. In addition to the liable to public charge, the act initiated a fifty cent head tax which would be used for bureaucratic processes. The act also denies entry of convicts.
The Immigration Act of 1891 continued this exclusion:
The following classes of aliens shall be excluded from admission into the United States ... All idiots, insane persons, paupers or persons likely to become a public charge, persons suffering from a loathsome or a dangerous contagious disease, persons who have been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude, polygamists…
The Immigration Act of 1903 allowed the deportation of immigrants who became a public charge within their first two years in the country.
In its 1915 decision in Gegiow v. Uhl, the US Supreme Court found that the public charge restriction applied exclusively to those immigrants who "by reason of poverty, insanity, disease or disability would become a charge upon the public."
The Immigration and Nationality Act (enacted in 1952, and amended in 1965) declares "any alien likely at any time to become a public charge" as inadmissible to the country and those who have received public benefits within their first five years in the United States as deportable.
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable.