Kenyans seeking permanent residence in the United States face a new immigration hurdle after the Trump administration expanded the benefits that immigration officers can consider when assessing some green card applications.
The new policy, which took effect Friday, September 18, gives US immigration officers broader discretion to consider an applicant’s use of certain means-tested public benefits when deciding whether the person is likely to become dependent on government assistance.
The change is relevant to Kenyans in the United States who are seeking lawful permanent residence, including some workers and family members applying to adjust their immigration status.
Under the expanded public charge policy, benefits that may be considered include programmes such as Medicaid, food assistance, housing assistance and certain education-related financial aid.
The rule does not mean that every Kenyan who has received government assistance will automatically be denied a green card.
Instead, immigration officers will assess whether an applicant is likely to become a public charge, taking the person’s circumstances into account.
The rule could reduce federal and state payments by $13 billion a year by persuading some 950,000 people to disenroll from or avoid federal safety net programs, according to estimates from the Department of Homeland Security.
More than 20 states, along with local governments, have sued the Trump administration to block the new rule. The plaintiffs argue that the policy could discourage immigrant families from accessing public programmes for which they are legally eligible.
For Kenyans planning to settle permanently in the US, the change could become an important consideration when applying for a green card.A green card gives a foreign national lawful permanent resident status, allowing them to live and work permanently in the United States.
US Citizenship and Immigration Services (USCIS) describes adjustment of status to lawful permanent residence as one of the immigration processes subject to the public charge ground of inadmissibility.
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