President Biden announced on Tuesday, March 9, 2021 that his administration will not continue to defend the Trump administration’s Public Charge rule in currently pending lawsuits, including one in front of the Supreme Court. This announcement effectively means that the Public Charge rule is DEAD, and the Biden administration will no longer use it to deny any applications for permanent resident status. 

The Public Charge rule placed an additional burden on those seeking permanent residence, requiring USCIS to consider multiple factors such as age, family status, income level, assets and resources, credit history, education, and family members’ lawful use of public benefits to determine whether an applicant is deserving of permanent residence status.  

The President’s decision yesterday not to defend the rule is a tremendous win, and a step towards guaranteeing equal opportunity for immigrants seeking legal status in the U.S. regardless of age, race, gender, sexual orientation or socio-economic status. 

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