This provision became effective on September 30, 1996. This ground is effective against citizens who renounce U.S. citizenship on or after September 30, 1996. The amended version now sets forth factors for the consular or INS officer to consider in determining an alien's likelihood of becoming a public charge. This essentially codifies existing consular practice. Section 531 also requires that virtually all persons immigrating through family-based immigration are excludable unless the petitioner submits a new legally binding affidavit of support.
Additional information relating to the new public charge of exclusion appears here .
The affidavit must bind the sponsor to maintain the sponsored alien at an income level of at least 125 percent of the federal poverty line. Sponsors are required to notify the INS if their address changes. The person petitioning for admission of his or her relative must be a sponsor. However, if the petitioner does not meet the 125 percent minimum income requirement, he or she may find another individual who is willing to accept joint and severable liability with the petitioner. A second affidavit of support will be required from the co-sponsor.