1. What is the public charge rule?

The public charge rule is a U.S. immigration policy that determines whether an individual is likely to become a “public charge” or a person who relies primarily on government assistance. Under this rule, legal immigrants applying for green cards and other forms of legal immigration status can be denied if they are deemed too likely to become a public charge. The Trump Administration has proposed an expansion of the public charge rule that would make it harder for immigrants to get visas, green cards, and other forms of legal immigration status if they have used public benefits like Medicaid, SNAP, and housing assistance.

2. How does the public charge rule affect immigrants to the U.S.?

The public charge rule affects immigrants to the U.S. by allowing the U.S. government to deny permanent residence (green card) or a visa to those who are deemed likely to become dependent on government programs for their income. Specifically, the rule looks at an immigrant’s financial resource, education level, age, and health. Immigrants who receive any of the listed benefits deemed by the government to constitute public charge can be denied a green card or visa. This includes public assistance programs such as Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and Medicaid.

3. What are the criteria for determining a public charge?

The criteria for determining a public charge include: (1) whether an individual is likely to become primarily dependent on the government for subsistence, based on their current and past receipt of certain public benefits; (2) an individual’s health, age, family status, financial status, education and skills; (3) an affidavit of support from a sponsor; and (4) any other factors that may affect an individual’s ability to support themselves.

4. What are the financial resources that an applicant must have to avoid a finding of public charge?

An applicant must have sufficient financial resources to provide for their basic needs, such as food, shelter and clothing. This includes having enough income or assets (e.g. bank accounts, investments, etc.) to pay for their living expenses without relying on government assistance. Additionally, they must have health insurance or the financial resources to pay for medical care. Finally, the applicant must have a letter from a designated sponsor to provide financial assistance if needed.

5. Are there any non-cash benefits that can count as part of the public charge determination?

No, non-cash benefits, such as Medicaid, Supplemental Nutrition Assistance Program (SNAP) benefits, and housing assistance, do not count as part of the public charge determination.

6. How does having Medicaid coverage affect a public charge determination?

Medicaid coverage does not affect a public charge determination. It is not a factor that is considered in the calculation of public charge. Public charge is determined based on factors such as income, health, age, education, and skills.

7. What is the effect of having prior deportations on a public charge determination?

Having a prior deportation may be considered as a factor in determining whether an individual is likely to become a public charge. As part of the public charge determination, the USCIS considers an individual’s immigration history, including the number of prior deportations or removals, when evaluating an individual’s ability to support themselves. This is one factor among many that USCIS considers.

8. Can a family member’s income be used to meet the minimum threshold for a public charge determination?

No, a family member’s income cannot be used to meet the minimum threshold for a public charge determination. In general, when assessing a foreign national for public charge, the U.S. Citizenship and Immigration Services (USCIS) only considers the income and other financial resources of the foreign national in question and does not consider the income or resources of other family members.

9. What resources and guidance are available to better understand the public charge rule?

There are many resources available to better understand the public charge rule. The U.S. Citizenship and Immigration Services (USCIS) website provides a comprehensive overview of the rule, as well as a public charge fact sheet. The American Immigration Council also provides an overview and links to additional resources. Additionally, NILC has a comprehensive public charge webpage and several state-specific fact sheets. Finally, the National Immigration Law Center provides a “public charge: what you need to know” toolkit.

10. What is an Affidavit of Support and how does it affect a public charge determination?

An Affidavit of Support is a written document that a sponsor completes to establish that they are financially responsible for an immigrant who is seeking a green card or other type of visa. The Affidavit of Support serves as an official promise from the sponsor to cover any costs associated with the immigrant, such as medical bills or food assistance. The Affidavit of Support is used by the United States Citizenship and Immigration Services (USCIS) to determine whether the immigrant is likely to become a public charge – someone who relies on the government for support, such as welfare or Medicaid. If the USCIS finds that the Affidavit of Support is sufficient to cover the immigrant’s expected costs, then they are unlikely to be deemed a public charge and their application may be approved.

11. How can I find out if I am subject to the public charge rule?

The best way to find out if you are subject to the public charge rule is to contact the United States Citizenship and Immigration Services (USCIS). They will be able to provide you with more information regarding your eligibility for public benefits and will be able to give you a better understanding of the public charge rule.

12. What changes have been made to the public charge rule since its inception?

Since its inception, the public charge rule has changed a few times. In 1999, the rule was modified to include non-cash benefits, such as Supplemental Nutrition Assistance Program (SNAP), which is commonly referred to as food stamps. The rule was further modified in 2019 to expand the definition of public charge and to add new criteria including age, health, financial status, and education. Furthermore, applicants must now demonstrate that they possess or are likely to acquire health insurance or financial resources sufficient to cover foreseeable medical costs. Finally, the government has made it clear that receipt of certain public benefits can be a negative factor when considering an individual’s application for admission or adjustment of status.

13. Are there any exemptions or waivers from the public charge rule?

Yes, there are several exemptions and waivers from the public charge rule. These include Temporary Protected Status, refugees, asylees, certain victims of human trafficking and domestic violence, among others. Additionally, some non-citizens may be eligible for a public charge waiver based on their family relationship to a U.S. citizen or lawful permanent resident, or based on an extreme hardship to a qualifying relative.

14. What constitutes “public benefits” that could lead to a finding of inadmissibility under the public charge rule?

Public benefits that could lead to a finding of inadmissibility under the public charge rule include cash assistance (for example, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and state or local cash assistance programs); most forms of Medicaid; Medicare Part D Low Income Subsidy; and certain forms of housing assistance.

15. Does having health insurance or using health care services affect a public charge determination?

No, having health insurance or using health care services does not affect a public charge determination. However, it is important to note that if an individual is applying for certain government benefits, such as cash assistance or Medicaid, the U.S. government may consider the person’s health insurance status and/or use of health care services as a factor when determining public charge.

16. How does being able to speak English affect a public charge determination?

Being able to speak English does not necessarily affect a public charge determination. Instead, the applicant’s ability to support themselves financially and their use of public benefits are key components in the evaluation process. Other factors such as age, health, family status, assets, education, and skills may be considered.

17. How do I get an affidavit of support if I am applying for U.S. citizenship or permanent residence status?

The affidavit of support is provided by the petitioner, who is the sponsor of the foreign national who is applying for U.S. citizenship or permanent residence status. The petitioner must complete and sign Form I-864, Affidavit of Support Under Section 213A of the INA, which is available on the U.S. Citizenship and Immigration Services (USCIS) website.

18. Are citizens of certain countries exempt from the public charge rule?

Citizens of certain countries may be exempt from the public charge rule, depending on their immigration status. Those who are nonimmigrants, refugees, asylees, parolees, and certain other categories of individuals may be eligible for an exemption.

19. When does the public charge rule apply to green card holders and other non-citizens in the U.S.?

The public charge rule applies to green card holders and other non-citizens in the U.S. if they receive certain public benefits for more than 12 months within a 36-month period.

20. What is considered “adequate financial support” to avoid a finding of inadmissibility under the public charge rule?

Adequate financial support to avoid a finding of inadmissibility under the public charge rule includes having income, assets, or resources above the 125% Federal Poverty Level (FPL) and being able to demonstrate that you can access those funds to support yourself. The amount of income, assets, or resources needed to demonstrate adequate financial support varies on a case-by-case basis. It is also important to note that the use of certain public benefits does not automatically make someone inadmissible on public charge grounds. The determination of whether someone is inadmissible under the public charge rule takes into account an individual’s age, health, family size, assets, resources, financial status, education, and skills.