Public Charge Rule and Affidavit of Support in Maine

1. What is the Public Charge Rule in Maine?

The Public Charge Rule in Maine is a rule that assesses a person’s likelihood of becoming a public charge – meaning, someone who is primarily dependent on the government for financial assistance. The rule considers factors such as an individual’s income, health, family size, age, education level, and skills to determine if they are likely to become a public charge. It can also consider if the individual has used or is likely to use certain public benefits, such as cash assistance, Supplemental Nutrition Assistance Program (SNAP), or Medicaid.

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

Individuals in Maine who are subject to the Public Charge Rule are determined on a case by case basis. The U.S. Citizen and Immigration Services (USCIS) will review whether an individual is likely to become primarily dependent on certain government benefits for more than 12 months within any 36 month period. Generally, USCIS will look for indicators of financial stability such as income or assets, education or skills, and health.

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

In order to prove that you are not a public charge in the state of Maine, you will need to provide documentation supporting your income, assets, health insurance coverage (if applicable), and any other forms of public benefits you may be receiving (such as SNAP or Medicaid). Additionally, you may need to provide evidence of any educational or vocational training you have completed, certifications, and/or licenses.

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

The Public Charge Rule affects immigrants who apply for permanent residency in Maine by making it more difficult for them to receive certain public benefits, including certain types of health care and financial assistance programs. The rule requires applicants to demonstrate that they have a high enough income and assets, or are likely to receive enough income or support from sponsors, to be able to support themselves and not become dependent on government assistance. This could affect immigrants who are not able to financially support themselves.

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

Yes, there are exemptions to the Public Charge Rule in Maine. These include being under 21 years of age or over the age of 61, being a pregnant woman or the parent of a U.S. citizen, having a household income that is at least 250% of the Federal Poverty Guideline, being a veteran or active duty member of the U.S. military, and meeting other criteria.

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

Yes, public benefits such as cash assistance, Supplemental Nutrition Assistance Program (SNAP), Medicaid, and Section 8 housing assistance are considered when determining a person’s status as a Public Charge in Maine. Other factors such as work history, health, age, education level, and financial resources are also taken into consideration.

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

Yes, an Affidavit of Support is required for individuals applying for permanent residency in Maine. The Affidavit must be completed and signed by the sponsor, who must be a U.S. citizen or permanent resident, and must demonstrate the financial ability to support the applicant financially.

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

An Affidavit of Support is a form that must be completed by an individual who is sponsoring an immigrant relative for a visa, green card, or other form of immigration status. It provides documentation of the sponsor’s financial resources and obligates the sponsor to use those resources to support the immigrant relative if needed. In Maine, the Public Charge Rule requires that any applicant for a visa or green card must have an Affidavit of Support from a responsible and financially capable sponsor. The purpose of this rule is to ensure that immigrants will not become a public charge who relies on governmental assistance for their survival.

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

The sponsor must provide evidence of their financial situation, such as income tax returns, pay stubs, bank statements, or an official letter verifying employment. The sponsor must also provide a copy of the Affidavit of Support, a copy of their valid government-issued photo ID, and the beneficiary’s information and proof of relationship to the sponsor.

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

An Affidavit of Support is a legally enforceable document that requires the signer to financially support the sponsored immigrant. The Affidavit of Support ensures that the sponsored immigrant has a financial sponsor and will not become reliant on public benefits, thus protecting them from being considered a Public Charge in Maine.

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

The minimum income requirement for sponsors on an Affidavit of Support in Maine is 125% of the Federal Poverty Level (FPL).

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



In Maine, family members eligible to be sponsors on an Affidavit of Support include a U.S. citizen or lawful permanent resident who is at least 18 years old and is the petitioner’s parent, spouse, or child.

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

The individual’s age, health, family size, and assets will all be taken into consideration when determining their eligibility for an Affidavit of Support in Maine. Age will be taken into account to ensure that the person is able to support themselves, as well as any other dependents included in the affidavit. Health is taken into consideration as the individual must be able to work and support themselves and any dependents. Family size will be taken into account as it will determine the amount of money that may be required to provide adequate support. Assets will also be considered, as they can help cover some of the costs associated with supporting a family.

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

In Maine, a sponsor’s financial responsibility on an Affidavit of Support is valid for 10 years from the date of the filing of the affidavit, or until the sponsored individual becomes a U.S. citizen, whichever comes first.

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

Yes, an individual can be denied permanent residency due to an inadequate Affidavit of Support in Maine. The USCIS may require an Affidavit of Support to be submitted when filing for permanent residency in Maine. This document helps the USCIS verify that the applicant has enough financial support to live in the US, and without a sufficient Affidavit of Support, they may deny the application.

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

Providing false information on an Affidavit of Support in Maine is a Class D crime punishable by up to 364 days in jail, a fine of up to $2,000, or both.

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

Yes, there are several alternatives to the Affidavit of Support for individuals applying for permanent residency in Maine. Those alternatives include a joint sponsor, a family member who is a US citizen or permanent resident, or an individual with sufficient financial resources to act as a sponsor and provide evidence of the ability to support the individual financially.

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

The processing time varies depending on the individual case. Generally, USCIS processing times range from 6 to 8 weeks.

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

You can check the status of your Affidavit of Support by calling the National Customer Service Center at 1-800-375-5283. You will need to provide the USCIS receipt number that was issued when your application was filed. Additionally, you can check the status online using the USCIS Case Status page.

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

In Maine, individuals seeking assistance with the Public Charge Rule and Affidavit of Support should contact the Immigrant Legal Advocacy Project (ILAP). ILAP provides free and low-cost immigration legal advice, advocacy, and representation. ILAP can provide assistance to individuals who have questions about the Public Charge Rule and Affidavit of Support, as well as other immigration related issues. The organization can be contacted by calling 1-800-497-8505 or emailing [email protected]. Additionally, the State of Maine Department of Health and Human Services website also provides resources on the Public Charge Rule, including detailed information and frequently asked questions.