1. What is the Public Charge Rule in Maryland?

The Public Charge Rule in Maryland is a state law that requires certain non-citizens, including legal permanent residents, to demonstrate that they are not likely to become a public charge before they are eligible for certain state and local benefits. It also requires the Department of Human Services (DHS) to consider a person’s assets, income, family size, age, health, and other factors when making a public charge determination. The Public Charge Rule is intended to protect public funds and ensure that those seeking state and local benefits are able to care for themselves and their families without relying on public assistance.

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

The Public Charge Rule applies to individuals seeking admission to the U.S. or a green card, and does not apply to individuals already living in the U.S., including Maryland. To determine if you are subject to the Public Charge Rule, you should consult an immigration attorney.

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

In order to prove that you are not a public charge in Maryland, you will need to provide documentation of your employment, income, assets, health insurance coverage, and any other financial resources you may have. This may include your tax returns, pay stubs, bank statements, proof of health insurance coverage, and any other forms of financial documentation. In addition, you may need to provide proof of your legal status in the United States such as your green card or valid visa.

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

The Public Charge Rule affects immigrants who apply for permanent residency in Maryland by making it harder for them to obtain permanent residency if they have used certain public benefits. Specifically, the Rule makes it more difficult for individuals who have received public benefits such as cash assistance, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and most forms of Medicaid to gain admission to the United States or approval for an adjustment of status to permanent resident. Additionally, immigrants who are deemed likely to become a “public charge” can be denied entry into the United States or a green card.

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

Yes. The Maryland Public Charge Rule does not apply to individuals receiving non-cash benefits under any of the following programs: Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Medicaid, child care and Head Start, school lunch programs, and emergency medical assistance. Additionally, individuals who are applying for a change of status to permanent residency or who are applying for an adjustment to permanent residency may be exempt from the Maryland Public Charge Rule as well.

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

No. In Maryland, public benefits are not considered when determining a person’s status as a Public Charge. The USCIS specifically states that only cash assistance for income maintenance, certain government-funded long-term institutional care, and Supplemental Security Income (SSI) are factors considered when determining a person’s status as a Public Charge.

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

Yes. The U.S. Citizenship and Immigration Services (USCIS) requires that all individuals applying for permanent residency in the U.S., including Maryland, submit an Affidavit of Support. This document is a legally binding agreement between the sponsor (the person providing the financial support) and the beneficiary (the person applying for residency). The affidavit is designed to ensure that the beneficiary has sufficient financial support to remain in the U.S. without depending on public assistance programs.

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

An Affidavit of Support is a legally binding document used to indicate that a family member, friend, or relative is financially responsible for an individual who is applying for a visa or a green card. It is a way for the U.S. government to ensure that the sponsored immigrant can provide for their own needs and not become reliant on public benefits.

The Affidavit of Support is related to the Public Charge Rule in Maryland in that it is used as evidence that the sponsored immigrant will be able to support themselves without relying on public benefits and as a result, help ensure that applicants meet the criteria for admissibility outlined by the Public Charge Rule in Maryland.

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

In Maryland, sponsors must provide a valid passport or driver’s license, Social Security number, proof of income, and a completed I-134 Affidavit of Support form. In addition to these documents, sponsors may also need to provide evidence of their relationship to the immigrant they are sponsoring, such as a birth certificate or marriage certificate.

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

An Affidavit of Support serves as a contract between the individual and the person providing financial support, ensuring that the individual will not become a public charge. The affidavit binds the sponsor to provide financial support for the individual’s basic needs, such as food, clothing, and shelter, in order to keep them from becoming a public charge. The sponsor must also provide proof of income or assets that demonstrate their ability to support the individual.

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

In Maryland, the minimum income requirement for sponsors on an Affidavit of Support is 125% of the Federal Poverty Guidelines for the sponsor’s household size, as determined by the U.S. Department of Health and Human Services.

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

In Maryland, eligible sponsors for an Affidavit of Support include parents, parents-in-law, adult siblings, adult children, or a spouse.

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

An individual’s age, health, family size, and assets all have the potential to affect their eligibility for an Affidavit of Support in Maryland. Age is a factor because it affects the individual’s ability to work and support themselves financially. Health can also affect their eligibility because it can affect their ability to work and support themselves. Family size is important because it will determine how many people the individual will need to support. Assets are important because they can be used as a measure of an individual’s ability to provide for themselves or others.

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

In Maryland, a sponsor’s financial responsibility on an Affidavit of Support is valid for 10 years, or until the sponsored immigrant becomes a U.S. citizen, whichever happens first.

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

Yes, an individual can be denied permanent residency due to an inadequate Affidavit of Support in Maryland. The Affidavit of Support is an important document that must meet certain criteria in order to be considered valid. Generally, the Affidavit of Support must demonstrate that the sponsor has the financial ability to support the immigrant and will do so for a specific period of time (often 10 years). In addition, a sponsor must meet the income requirements set by the U.S. Citizenship and Immigration Services (USCIS). If the Affidavit of Support does not meet these requirements, it can lead to a denial of permanent residency.

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

The penalty for providing false information on an Affidavit of Support in Maryland is up to five years in prison and/or a fine up to $25,000.

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

Yes, individuals applying for permanent residency in Maryland may opt to provide a Bond of Support in lieu of an Affidavit of Support. The Bond of Support is a form of guarantee that the sponsor will financially support the beneficiary if they become a public charge while in the United States. The bond must be secured by the sponsor in an amount determined by the US Citizenship and Immigration Services (USCIS).

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

The processing time for an Affidavit of Support (Form I-864) depends on the specific case and the amount of workload that USCIS has at the time. Typically it takes around 4-6 months from the date the application is filed with USCIS.

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

You can check the status of your Affidavit of Support by accessing your online USCIS account. If you do not have an online USCIS account, you can call the National Customer Service Center at 1-800-375-5283. The customer service representative will be able to provide you with information about the status of your Affidavit of Support.

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

Maryland residents may contact the Maryland Department of Health’s Office of Immigrant Services for assistance with the Public Charge Rule and Affidavit of Support. Additionally, residents may contact the Maryland Office of Refugee and Asylee Resettlement (ORAR) or the US Citizenship and Immigration Services’ Field Office in Baltimore, MD for additional resources and information. Finally, individuals can contact a local legal aid office or an immigration attorney for assistance.