1. What is the Public Charge Rule in Delaware?

The Public Charge Rule in Delaware is a policy enacted by the U.S. Department of Homeland Security that requires immigrants to demonstrate that they are self-sufficient and will not rely on public benefits, such as cash assistance, Supplemental Nutrition Assistance Program (SNAP), Medicaid, and housing assistance. Immigrants who are unable to demonstrate self-sufficiency may be deemed inadmissible and denied entry to the U.S., a green card, or other change in immigration status.

2. How do I determine if I am subject to the Public Charge Rule in Delaware?

The Public Charge Rule does not apply to Delaware, as the rule is only applicable in certain states and territories. However, it may be beneficial to consult an immigration attorney or expert to ensure that you understand any other immigration regulations that may be applicable in Delaware.

3. What documents are needed to prove that I am not a Public Charge in Delaware?

To prove that you are not a public charge in Delaware, you will need to provide evidence of your financial stability and self-sufficiency. This could include evidence such as bank statements, pay stubs, tax returns, and proof of income or employment. Additionally, you may need to provide evidence of health insurance coverage or an affidavit of support from a sponsor.

4. How does the Public Charge Rule affect immigrants who apply for permanent residency in Delaware?

The Public Charge Rule affects immigrants who apply for permanent residency in Delaware by limiting access to certain public benefits, such as cash assistance programs and health insurance. Immigrants must be able to demonstrate that they have sufficient financial resources to provide for themselves and their dependents, or face the risk of being denied permanent residency. The rule also requires immigrants to provide detailed information on their financial resources, health, and education to determine whether they will likely become a public charge.

5. Are there any exceptions to the Public Charge Rule in Delaware?

Yes, there are some exceptions to the Public Charge Rule in Delaware. The exceptions include:

• Refugee resettlement assistance
• Benefits received by family members of veterans
• Certain benefits received by active-duty members of the U.S. Armed Forces and their families
• Benefits for those with disabilities, including Social Security Disability Insurance (SSDI)
• Benefits for pregnant women and children who are under 21 years of age
• Emergency medical assistance
• Short-term, non-cash, emergency disaster relief
• Public health benefits and services related to immunization and testing for communicable diseases
• National School Lunch Program and other school-based programs
• Education benefits, including the Pell Grant Program
• Nutrition assistance, including the Supplemental Nutrition Assistance Program (SNAP)

6. Are public benefits considered when determining a person’s status as a Public Charge in Delaware?

Yes, public benefits are considered when determining a person’s status as a Public Charge in Delaware. However, not all public benefits are considered when making this determination. Specifically, the use of Supplemental Nutrition Assistance Program (SNAP), Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF) do not count as public benefits that can negatively impact a person’s public charge status.

7. Is an Affidavit of Support required for individuals applying for permanent residency in Delaware?

Yes, an Affidavit of Support is required for individuals applying for permanent residency in Delaware. The Affidavit of Support must be completed by the primary sponsor and must show that the sponsor is able to support the applicant financially. The Affidavit must also include evidence of a continuing relationship between the applicant and the sponsor.

8. What is an Affidavit of Support and how does it relate to the Public Charge Rule in Delaware?

An Affidavit of Support is a formal document that a sponsor signs to accept financial responsibility for an immigrant’s stay in the United States. It is a legally binding contract between the sponsor and the U.S. government to ensure that the sponsored immigrant does not become a public charge. In Delaware, an Affidavit of Support is required for family-based green card applicants, refugees, and asylees.

9. What evidence and documents must be provided by the sponsor on an Affidavit of Support in Delaware?

The sponsor must provide evidence of their financial resources, such as pay stubs, a U.S. tax return, and a bank statement. They must also provide a copy of their valid photo ID along with the signed affidavit.

10. How does an Affidavit of Support protect an individual from being considered a Public Charge in Delaware?

An Affidavit of Support protects an individual from being considered a Public Charge in Delaware by ensuring that the individual is not to rely solely on public funds. The form is a contract between the signer, called the sponsor, and the United States government, in which the sponsor agrees to use their financial resources to support the person for whom they are signing. The sponsor guarantees that they will provide or reimburse any financial assistance that the individual needs to support themselves, including health care and food. The sponsor also agrees to reimburse the government for any financial assistance given to the person during their stay in Delaware.

11. What is the minimum income requirement for sponsors on an Affidavit of Support in Delaware?

The minimum income requirement for sponsors on an Affidavit of Support in Delaware is 125% of the Federal Poverty Guidelines.

12. Which family members are eligible to be sponsors on an Affidavit of Support in Delaware?

In Delaware, sponsors of an Affidavit of Support must be U.S. citizens or lawful permanent residents of the United States who are 18 years or older. Eligible family members who can be sponsors include parents, siblings, grandparents, aunts, uncles, and other close relatives.

13. How does an individual’s age, health, family size, and assets affect their eligibility for an Affidavit of Support in Delaware?

An individual’s age, health, family size, and assets all affect their eligibility for an Affidavit of Support in Delaware. Age affects eligibility because the immigrant must be at least 18 years of age to fill out an Affidavit of Support. Health affects eligibility because the immigrant must be able to pass a medical examination. Family size affects eligibility because the sponsor must have enough income to support all members of the immigrant’s family listed on the form. Assets affect eligibility because the sponsor must have enough assets to cover any public benefits received by the immigrant.

14. What is the time period for which a sponsor’s financial responsibility on an Affidavit of Support is valid in Delaware?

The sponsor’s financial responsibility on an Affidavit of Support is valid for 10 years from the date the immigrant became a lawful permanent resident (LPR) in Delaware.

15. Can an individual be denied permanent residency due to an inadequate Affidavit of Support in Delaware?

Yes, an individual can be denied permanent residency due to an inadequate Affidavit of Support in Delaware. The affidavit serves as a guarantee that the sponsor will provide financial support for the immigrant if necessary. If the affidavit is incomplete or inadequate, it may be a reason for denial of permanent residency.

16. What is the penalty for providing false information on an Affidavit of Support in Delaware?

The penalty for providing false information on an Affidavit of Support in Delaware is a fine of up to $5,000 or imprisonment for up to one year, or both.

17. Are there any alternatives to the Affidavit of Support for individuals applying for permanent residency in Delaware?

Yes, there are alternatives to the Affidavit of Support for individuals applying for permanent residency in Delaware. These include an employment letter from the sponsoring employer, proof of income from the sponsoring family member, or proof of adequate financial resources to support the applicant. Additionally, the applicant may apply for a waiver of the Affidavit of Support requirement by providing evidence of extreme hardship if denied permanent residency.

18. How long does it take for USCIS to process an Affidavit of Support in Delaware?

It typically takes USCIS 6 to 8 weeks to process an Affidavit of Support in Delaware. Wait times may vary depending on the complexity of the application, volume of applications, and other factors.

19. How can I find out if my Affidavit of Support has been approved by USCIS in Delaware?

You can check the status of your Affidavit of Support on the USCIS website. On the website, you can enter your receipt number to view the status of your application. You can also contact USCIS Customer Service at 1-800-375-5283 with any questions about the status of your application.

20. What resources are available for individuals seeking assistance with the Public Charge Rule and Affidavit of Support in Delaware?

People in Delaware can find resources for assistance with the Public Charge Rule and Affidavit of Support at www.delawareimmigrantcoalition.com. The website provides information on the Public Charge Rule, as well as an overview of the Affidavit of Support and instructions on how to fill it out. It also provide contact information for organizations that can provide additional assistance.