The summary will also contrast DOS interpretation with the comparable USCIS public charge rule, Policy Manual and Form I-944, Declaration of Self-Sufficiency.
The summary below describes how the agency is interpreting the new public charge rule and planning to implement it through the FAM and DS-5540. The agency has announced that the new regulation and form will affect all applicants for an immigrant visa who are subject to public charge beginning on February 24, 2020, regardless of when the DS-260, Immigrant Visa Application, and accompanying documents were submitted and screened by the National Visa Center and forwarded to the consular post. This new form will capture information regarding the immigrant visa applicant’s household size and income, assets, liabilities, education, job skills, health, and receipt of public benefits. It recently published changes to the Foreign Affairs Manual (FAM) on public charge and the final version of Form DS-5540, Public Charge Questionnaire. The Department of State (DOS) announced that it will implement its final rule on public charge beginning on February 24, 2020.