US green card applicants must now prove financial self-sufficiency under new rule

The US Citizenship and Immigration Services (USCIS) has implemented a new guideline requiring most green card applicants to provide proof of financial self-sufficiency.

The guideline, in effect since September, relates to determining "public charge" inadmissibility—whether an applicant is likely to become dependent on government benefits.

Those applying for permanent residence on family or employment grounds fall mainly within its scope. This includes spouses, children, parents and fiancé(e)s of US citizens and permanent residents, as well as highly skilled professionals, skilled workers, investors, religious workers and immigrants selected through the diversity visa lottery.

USCIS has clarified that children are not exempt from the rule either. However, refugees and asylum seekers, victims of human trafficking, holders of T and U visas, and victims under the Violence Against Women Act are exempt.

Afghan and Iraqi interpreters who worked for the US government, entrants from Cuba, Haiti and Nicaragua, and certain diplomats are also on the exemption list.

While the I-864 Affidavit of Support filled out by sponsors remains important, the guideline states that submitting it alone does not automatically make an applicant eligible. Failure by family-based and some employment-based applicants to submit a sufficient affidavit could itself be grounds for ineligibility. Officials may examine whether the sponsor is genuinely able and willing to provide the financial support pledged.