1. What is the public charge rule and when did it go into effect?

The public charge rule is a policy that allows the U.S. government to deny green cards, visas, or other forms of immigration benefits to individuals who are deemed likely to become primarily dependent on government assistance. This rule went into effect on February 24, 2020.

2. What does the public charge rule consider when determining whether an individual is likely to become a public charge?

The public charge rule considers several factors when determining whether an individual is likely to become a public charge, including their age, health, family status, assets and resources, education and skills, and receipt of certain benefits such as cash assistance or long-term institutional care at the government’s expense.

3. What types of immigration applications are affected by the public charge rule?

The public charge rule affects certain applications for permanent residence (green cards) and immigrant visas (for individuals looking to obtain green cards from outside the U.S.). Nonimmigrant visas (such as tourist or work visas) are not affected by this rule.

4. Are there any exemptions to the public charge rule?

Yes, there are certain exemptions to the public charge rule, including refugees and asylees, individuals applying under the Violence Against Women Act (VAWA), U visa applicants (victims of certain crimes), Special Immigrant Juvenile Visa applicants (minors who have been abused or abandoned), and many others.

5. Can receiving government benefits automatically make someone ineligible for a green card or visa?

No, receiving government benefits alone does not automatically make someone ineligible for a green card or visa. The immigration officer must consider all of the factors outlined in the public charge rule before making a determination.

6. Are there any legal challenges to the public charge rule?

Yes, there have been several lawsuits filed challenging the legality of the public charge rule. At this time, it remains in effect while legal challenges continue.

7. Is it possible for someone who has received government benefits to adjust their status and become a lawful permanent resident (green card holder)?

Yes, it is still possible for someone who has received government benefits to adjust their status and become a green card holder. However, they may be subject to the public charge rule review process and may need to provide additional evidence to demonstrate that they are not likely to become a public charge in the future.

8. How has the COVID-19 pandemic affected the implementation of the public charge rule?

In response to the COVID-19 pandemic, on March 13, 2020, USCIS announced that receipt of certain COVID-19 related benefits would not be considered in public charge determinations. However, this policy is temporary and subject to change. It is important for individuals seeking immigration benefits to consult with an experienced attorney for up-to-date information and guidance.

2. Who does the public charge rule affect?

The public charge rule affects individuals who are seeking admission into the United States or applying for lawful permanent resident status (also known as a green card) and are being evaluated on their potential use of government benefits. This mainly includes people who are not already U.S. citizens or lawful permanent residents, such as immigrants, refugees, and nonimmigrant visa holders. It can also affect individuals who are already in the United States and are applying for a change in immigration status.

3. How does the public charge rule impact FAFSA eligibility?

The public charge rule primarily impacts eligibility for certain immigration benefits, such as gaining legal permanent resident status or entering the country on a visa. It does not specifically impact FAFSA eligibility.

However, students who are affected by the public charge rule may experience financial barriers that could impact their ability to afford college and therefore impact their FAFSA eligibility indirectly. This is because the public charge rule takes into consideration an individual’s current and potential future use of government-assistance programs when determining whether they are likely to become a “public charge” (someone who primarily relies on government assistance).

As a result, some students may be hesitant to utilize certain government aid programs, such as welfare or food stamps, out of fear that it could jeopardize their immigration status in the future. This could make it more difficult for them to afford college and potentially affect their ability to meet the financial need requirements for FAFSA eligibility.

4. What is considered a “public charge” under the new rule?

Under the new rule, a “public charge” is considered to be an immigrant who is likely to become primarily dependent on the government for their basic needs, such as food stamps, housing assistance, or Medicaid. The rule expands this definition to include individuals who receive a broader range of public benefits for more than 12 months in aggregate within any 36-month period. These may include non-cash programs such as housing vouchers and subsidized health insurance. Additionally, the rule considers prior receipt of public benefits as a negative factor in determining whether someone is deemed likely to become a public charge in the future.

5. Which federal benefits will be considered in determining public charge status?

The following federal benefits will be considered in determining public charge status:

1. Supplemental Security Income (SSI)
2. Temporary Assistance for Needy Families (TANF)
3. State and local cash assistance programs that provide for income maintenance (often called “General Assistance” programs)
4. Supplemental Nutrition Assistance Program (SNAP, formerly known as “food stamps”)
5. Section 8 Housing Choice Voucher Program
6. Section 8 Project-Based Rental Assistance, and
7. Non-emergency Medicaid.

Note: Some forms of Medicaid are not included in this list and will not be considered when determining public charge status. These include emergency Medicaid, school-based services, and Medicaid received by children under age 21 and pregnant women during pregnancy and for a period after giving birth.

Additionally, these benefits will only be considered if they were received for more than 12 months within any 36-month period. Receipt of two different benefits in one month counts as two months of benefits.

It is important to note that receiving these benefits alone does not automatically make someone a public charge. The determination is based on a totality of the circumstances, taking into account factors such as age, health, education level, and financial resources.

6. Will receiving Medicaid or CHIP affect an individual’s ability to receive federal student aid through FAFSA?

No, receiving Medicaid or CHIP will not affect an individual’s eligibility for federal student aid. These programs are not considered when determining a student’s financial need for aid. Eligibility for federal student aid is based on factors such as income and family size, as reported on the FAFSA. Therefore, receiving public health insurance will not impact an individual’s ability to receive federal student loans, grants, or work-study opportunities through FAFSA.

7. Will students who are currently receiving federal student aid be impacted by the public charge rule?

Students who are currently receiving federal student aid are not directly impacted by the public charge rule. However, if they change their immigration status or apply for certain types of visa extensions, they may be subject to the public charge determination in the future. It is important for students to carefully consider the potential impact of any changes to their immigration status and consult with an immigration attorney if necessary.

Additionally, students should be aware that the public charge determination can also affect their sponsorship of family members seeking to immigrate to the United States in the future.

8. Can DACA recipients still qualify for federal student aid if they are affected by the public charge rule?

Yes, DACA recipients may still qualify for federal student aid if they are affected by the public charge rule. According to the U.S. Department of Education, immigration status and receipt of public benefits do not impact eligibility for federal student aid programs. DACA recipients may be eligible for federal financial aid, such as grants, loans, and work-study programs, based on their financial need. They should still complete the Free Application for Federal Student Aid (FAFSA) to determine their eligibility for federal student aid.

9. Does the public charge rule apply to all students or just those with DACA/undocumented status?

The public charge rule does not specifically target students, however it can impact any non-citizen seeking admission to the United States or applying for a green card. This includes DACA recipients and undocumented individuals who are seeking to adjust their status or apply for a green card.

10. Are there any exceptions or exemptions to the public charge rule for FAFSA eligibility?

There are no exceptions or exemptions for FAFSA eligibility based on the public charge rule. All applicants must meet the federal requirements for financial aid, regardless of their immigration status or potential public charge status.

11. How will schools and universities determine a student’s eligibility under the new public charge rule?

Under the new public charge rule, schools and universities will not be responsible for determining a student’s eligibility. Instead, U.S. Citizenship and Immigration Services (USCIS) will consider several factors when assessing an individual’s likelihood of becoming a public charge, including their age, health, education, income and resources, and whether they have received certain public benefits.

Additionally, as students are typically admitted to the United States on F-1 or J-1 visas, they are considered nonimmigrants and therefore exempt from the public charge determination. This means that even if a student receives certain public benefits while in the U.S., it will not affect their immigration status as long as they maintain their nonimmigrant visa status.

12. Is there a minimum threshold of income required for students to avoid being considered a public charge and continue receiving federal student aid?

Yes. According to the Department of Health and Human Services, individuals whose annual income is at least 125% of the Federal Poverty Guidelines (FPG) are generally not considered a public charge. As of 2020, this equates to an annual income of $15,950 for a single person and $32,750 for a family of four. However, it is important to note that other factors may also be taken into consideration when determining if someone is likely to become a public charge.

13. Will international students, exchange visitors, or other non-immigrant visa holders be affected by the public charge rule for FAFSA eligibility purposes?

No, non-immigrant visa holders such as international students and exchange visitors are not subject to the public charge rule for FAFSA eligibility purposes. These individuals are considered “non-resident aliens” for financial aid purposes and are therefore typically ineligible for federal student aid.

14. Does filing a FAFSA automatically make someone subject to the public charge rule evaluation process?

No, filing a FAFSA does not automatically make someone subject to the public charge rule evaluation process. The public charge rule only applies to individuals seeking lawful permanent resident status or certain nonimmigrant statuses in the United States. Filing a FAFSA is not an immigration action and should not affect someone’s immigration status.

15. Will assets such as savings, property, or investments be considered in determining whether someone is likely to become a public charge and therefore ineligible for federal student aid through FAFSA ?

No, assets such as savings, property, or investments are not considered in determining whether someone is likely to become a public charge and therefore do not affect eligibility for federal student aid through FAFSA. Only income and certain types of benefits received from the government are considered in the public charge determination.

16. How do state financial aid programs factor into the public charge determination for FAFSA eligibility?

State financial aid programs, such as grants or scholarships, are not considered public benefits and therefore do not factor into the public charge determination for FAFSA eligibility. This is because state financial aid programs are primarily based on merit or need, rather than being means-tested government assistance.

17.Roughly how many students could potentially be impacted by this new rule in terms of their ability to receive federal student aid through FAFSA?

It is difficult to determine an exact number, as it would depend on the individual circumstances of each student. However, the new rule could potentially affect millions of students who are unable to obtain parental information for the FAFSA. According to a report by the National Center for Education Statistics, approximately 2.77 million undergraduates received Pell Grants in the 2017-2018 academic year, which are awarded based on financial need determined by the FAFSA. Additionally, there were over 17 million undergraduate students enrolled in degree-granting institutions in the same academic year. Many of these students may rely on federal student aid through FAFSA to help finance their education.

18.What can students do if they are concerned about their potential eligibility under the new public charge rule?

If students are concerned about their potential eligibility under the new public charge rule, they can do the following:

1. Seek legal advice: Students can consult with a trusted immigration lawyer or accredited representative to discuss their specific situation and understand how the new public charge rule may affect them.

2. Stay informed: It is important for students to stay updated on any changes or updates to the new public charge rule. They can follow reputable sources such as government websites or immigrant advocacy organizations for accurate information.

3. Keep accurate records: Students should keep detailed records of their financial and immigration history, including tax returns, bank statements, and proof of employment or enrollment in school.

4. Avoid unnecessary use of public benefits: To reduce any potential negative impact under the new public charge rule, students should avoid using certain public benefits that could be considered in determining eligibility for a green card or visa.

5. Explore other immigration options: If students are concerned about their eligibility under the new public charge rule, they may want to explore other types of visas or immigration options that do not consider public benefits as part of the eligibility criteria.

6. Advocate for change: Students can also advocate for change by contacting their elected representatives and expressing their concerns about the impacts of the new public charge rule on themselves and other immigrants.

7. Seek support from community organizations: There are many community organizations that provide legal aid and support services to immigrants. Students can reach out to these organizations for guidance and assistance with navigating the effects of the new public charge rule.

19.How has this change been received by higher education institutions and student groups?

The change to an online or remote learning format in response to COVID-19 has been met with mixed reactions from higher education institutions and student groups. Some institutions have embraced the shift to virtual learning and adapted quickly, while others have struggled to make the transition. Student groups have also had varying experiences, with some expressing frustration at the lack of in-person social interaction and challenges with online learning, while others appreciate the flexibility and convenience of remote classes.

Some higher education institutions have faced criticism for their handling of the shift to online learning, such as inadequate technology resources for students or difficulty in maintaining academic rigor. However, others have received praise for their efforts in providing a smooth transition and supporting students during this time.

Student groups have also expressed concerns about online learning creating disparities among students based on access to technology or stable internet connection. There are also concerns about the impact on mental health and overall well-being due to lack of social interaction and isolation.

Overall, the response from higher education institutions and student groups has been a mixture of both positive and negative experiences with the sudden switch to online learning. Many are hopeful that these challenges can be overcome and that a combination of in-person and virtual learning options will provide a more well-rounded educational experience in the future.

20.How can students stay informed about any updates or changes to the public charge rule and its impact on FAFSA eligibility?

Students can stay informed about updates or changes to the public charge rule and its impact on FAFSA eligibility by regularly checking trusted government websites such as the Department of Homeland Security, U.S. Citizenship and Immigration Services, and the Federal Student Aid website. They can also sign up for email alerts from these agencies to receive notifications about any updates. Additionally, students can attend virtual or in-person information sessions hosted by their school or local community organizations that provide updates on immigration policies and their impact on financial aid. Staying informed and updated through reliable sources is crucial in understanding how changes in policies may affect their eligibility for FAFSA.