TITLE V--RESTRICTIONS ON BENEFITS FOR ALIENS

Subtitle B--Public Charge Exclusion

SEC. 531. GROUND FOR EXCLUSION.

(a) In General.--Paragraph (4) of section 212(a) (8 U.S.C.
1182(a)) is amended to read as follows:
``(4) Public charge.--
``(A) In general.--Any alien who, in the opinion of the
consular officer at the time of application for a visa, or in
the opinion of the Attorney General at the time of
application for admission or adjustment of status, is likely
at any time to become a public charge is excludable.
``(B) Factors to be taken into account.--(i) In determining
whether an alien is excludable under this paragraph, the
consular officer or the Attorney General shall at a minimum
consider the alien's--
``(I) age;
``(II) health;
``(III) family status;
``(IV) assets, resources, and financial status; and
``(V) education and skills.
``(ii) In addition to the factors under clause (i), the
consular officer or the Attorney General may also consider
any affidavit of support under section 213A for purposes of
exclusion under this paragraph.
``(C) Family-sponsored immigrants.--Any alien who seeks
admission or adjustment of status under a visa number issued
under section 201(b)(2) or 203(a) is excludable under this
paragraph unless--
``(i) the alien has obtained--

``(I) status as a spouse or a child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of section
204(a)(1)(A), or
``(II) classification pursuant to clause (ii) or (iii) of
section 204(a)(1)(B); or

``(ii) the person petitioning for the alien's admission
(including any additional sponsor required under section
213A(f)) has executed an

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affidavit of support described in section 213A with respect
to such alien.
``(D) Certain employment-based immigrants.--Any alien who
seeks admission or adjustment of status under a visa number
issued under section 203(b) by virtue of a classification
petition filed by a relative of the alien (or by an entity in
which such relative has a significant ownership interest) is
excludable under this paragraph unless such relative has
executed an affidavit of support described in section 213A
with respect to such alien.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to applications submitted on or after such date,
not earlier than 30 days and not later than 60 days after the
date the Attorney General promulgates under section 551(c)(2)
of this division a standard form for an affidavit of support,
as the Attorney General shall specify, but subparagraphs (C)
and (D) of section 212(a)(4) of the Immigration and
Nationality Act, as so amended, shall not apply to
applications with respect to which an official interview with
an immigration officer was conducted before such effective
date.