Public Charge – on again, off again, and back on again (but only in some states)

In February 2020, the Trump Administration issued a new standard of wealth to which all green card applicants must meet in order to be approved. This included a new 18-page form which requested, among numerous other things, property appraisals, evidence of 12 months bank account statements, and credit reports for all applicants (including children), culminating in a discretionary decision on whether the applicant was “likely to be a public charge”. Due to the global pandemic caused by COVID-19, advocates sued to stop the enforcement of this new standard during the national emergency as declared by President Trump. A nationwide injunction was issued, which as of today has been limited to only a handful of states, causing differing standards across states. Litigation on this rule remains ongoing.