Certain people who receive certain public benefits may be considered a “public charge” under U.S. immigration law. If you are considered a public charge, you may be denied admission to the United States or adjustment of status (i.e. green card status).
To be considered a public charge, an immigrant must rely on the government for their primary means of support. This typically means that the person is receiving cash assistance, Supplemental Nutrition Assistance Program (SNAP) benefits, or long-term institutionalized care, and Housing assistance among others.
Who can become a public charge?
There are several factors that determine whether or not a person can become a public charge. These include the person’s age, health, family status, financial status, and education level. In general, a person who is younger, healthier, has a family, is employed, and has a higher education level is less likely to become a public charge than someone who is older, has a chronic health condition, is single, is unemployed, or has a lower education level.
If you are considered a public charge, you may be denied admission to the United States or adjustment of status (i.e. green card status).
It’s important to note that not all public benefits will make someone a public charge. For example, someone who is in emergency medical assistance or disaster relief will not be considered a public charge.
Who is considered for a public charge determination?
Individuals who are applying for a visa, admission, or adjustment of status are generally subject to a public charge determination. However, there are many exceptions and categorical determinations that may apply.
What is the effect of being a public charge?
If you are deemed a public charge, it means that the U.S. government has determined that you are primarily dependent on the government for your support. This can have a number of negative effects, including making it difficult to obtain a green card or become a U.S. citizen. If you are found to be a public charge, it is important to understand the possible ramifications and take steps to avoid becoming one.
How can I avoid being a public charge?
There are certain criteria that the government looks at when determining whether or not an immigrant is likely to become a “public charge.” These criteria include the immigrant’s age, health, family status, financial status, and education.
There are a few things that immigrants can do to avoid being classified as a public charge. First, they can try to improve their financial status by finding a job or increasing their income. They can also try to get health insurance coverage. Finally, they can try to get more education or training.
Immigrants can also try to get help from family members or friends who are U.S. citizens or legal residents. These people can help the immigrant meet the criteria that the government looks at when determining whether or not an immigrant is likely to become a public charge. (If applying for a green card through Diversity Visa you use Form I-134 as an Affidavit of Support, Otherwise for other immigrant visas you use Form I-864)
What are the changes to the Public Charge Policy?
On October 10th, 2019, the U.S. Department of Homeland Security (DHS) issued a new rule that will expand the definition of “public charge.”
Under the previous rule, a “public charge” was someone who was primarily dependent on the government for subsistence, as demonstrated by either being on public cash assistance programs or long-term institutional care. The new rule expands the definition of “public charge” to anyone who is likely to become dependent on the government for subsistence in the future.
What does this mean to those immigrating to the United States?
The rule change has a significant impact on immigrants who are seeking to enter the United States or adjust their status. DHS now considers an immigrant’s use of certain public benefits when making decisions about their admissibility. These public benefits include, but are not limited to, Medicaid, food assistance, and housing assistance. There is confusion about whether an immigrant’s use of certain subsidies to decrease the cost of medical insurance issued under the Affordable Care Act will have the same negative impact as in-person Medicaid. DHS’s guidance on this issue is pending.
The rule change applies to those seeking entry into the United States and wishing to obtain permanent status on or after October 15, 2019.
This does not apply to employment-based visas, refugees, asylees, and several other types of entry.
