1. What is the Public Charge Rule in New York?

The Public Charge Rule in New York is a policy that limits the ability of individuals to receive benefits from the state if they are deemed likely to become primarily dependent on the government’s financial support. The policy is enforced by the Department of Social Services and functions by evaluating a recipient’s income, resources, health, and other factors to determine whether they are likely to become dependent on government assistance. Immigrants are especially targeted by the rule, as it restricts the ability of non-citizens to access certain public benefits.

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

To determine if you are subject to the Public Charge Rule in New York, you should consult a legal professional. The Public Charge Rule applies to a variety of immigration statuses and can vary depending on your individual circumstances. In general, the rule applies to immigrants who are applying for a visa, Green Card, or permanent residency and who may be considered “inadmissible” on public charge grounds. The rule is not applicable to U.S. citizens or those with certain humanitarian statuses.

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

In order to prove that you are not a public charge in New York, you will need to provide documents such as proof of income, proof of assets, proof of health insurance coverage, and evidence of your employment history. You may also be asked to provide evidence of any public benefits you have received in the past, such as Social Security benefits, food stamps, or medical assistance.

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

The Public Charge Rule affects immigrants who apply for permanent residency in New York by making it more difficult to receive lawful permanent residency if they are deemed likely to rely on public benefits or other forms of public assistance. This includes programs such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing subsidies. Those applying for permanent residency must now prove to the U.S. Citizenship and Immigration Services (USCIS) that they are “not likely” to become a public charge in order to receive a green card. This requirement applies both to those applying for green cards from outside the U.S. and those applying for green cards from within the U.S.

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

Yes, there are several exceptions to the Public Charge Rule in New York. These exceptions include:
-Medicaid and CHIP used for children under 21 years old, pregnant women, and adults receiving long-term care.
-Nutrition assistance programs like SNAP and WIC.
-Emergency medical assistance
-Disaster relief
-Public housing
-Foster care and adoption assistance
-Educational assistance
-Refugee and asylum programs
-Childcare benefits
-Earned income tax credit.

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

Public benefits are not considered when determining a person’s status as a Public Charge in New York. The New York guidance on Public Charge Factors states that “public benefits that are not part of the Department of Homeland Security’s definition of public benefits (e.g., supplemental nutrition assistance, Medicaid, and Supplemental Security Income) are not considered for public charge determinations.”

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

Yes, an Affidavit of Support is required for individuals applying for permanent residency in New York.

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

An Affidavit of Support is a legally binding document used to demonstrate that an individual has the financial resources to support themselves or another individual, such as a spouse or family member, when they immigrate to the United States. Under the Public Charge Rule in New York, immigrants must submit an Affidavit of Support as part of their application for admission to the United States. The Affidavit of Support must be completed by a sponsor who agrees to provide financial support for the immigrant and demonstrate that the immigrant will not become a public charge, or someone who primarily relies on public assistance.

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

An Affidavit of Support in New York must include proof of the sponsor’s income – such as pay stubs, tax returns, and bank statements. It must also include a copy of the sponsor’s driver’s license or other government-issued identification. The affidavit must also include a statement from the sponsor that he or she will be financially responsible for the immigrant’s living expenses. Finally, it must be signed in front of a notary public.

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

An Affidavit of Support is a legally enforceable contract between the sponsor of an immigrant and the U.S. government. The sponsor agrees to provide financial support to the immigrant if necessary, which protects the individual from being considered a Public Charge. This means that if an individual without sufficient financial resources attempts to enter or remain in the U.S., he or she will not be denied entry or removal based on the inability to support him or herself.

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

The minimum income requirement for sponsors on an Affidavit of Support in New York is 125% of the Federal Poverty Guidelines for the sponsor’s household size, which may include other family members.

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

In New York, eligible sponsors on an Affidavit of Support include parents, spouses, children, siblings (brothers or sisters over the age of 18), and extended family members such as aunts, uncles, grandparents, and cousins.

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

An individual’s age, health, family size, and assets can all affect their eligibility for an Affidavit of Support in New York. Age is not a factor in this determination, as the Affidavit of Support is available for all ages. Health affects the eligibility in that if an individual has a medical condition that may cause them to become a public charge, they may not be eligible for the Affidavit of Support. Family size is taken into account when determining income requirements to meet the financial threshold for the Affidavit of Support. Assets are also taken into consideration when deciding if an individual meets the financial threshold.

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

In New York, the sponsor’s financial responsibility on an Affidavit of Support is valid for ten years from the date of execution or until the 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 New York?

Yes, an individual can be denied permanent residency due to an inadequate Affidavit of Support in New York. This is because the financial stability of the sponsor is a key factor in determining the sponsor’s eligibility to support the immigrant. Thus, if the sponsor is not able to provide sufficient evidence of their financial stability, it could be considered an insufficient affidavit of support and may lead to a denial of permanent residency.

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

In New York, providing false information on an Affidavit of Support can result in a fine of up to $250,000 and/or up to five years in prison.

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

Yes, there are several alternatives to the Affidavit of Support for individuals applying for permanent residency in New York. These include the following:

1. Form I-134, Affidavit of Support under Section 213A of the Act
2. Form I-864EZ, Affidavit of Support under Section 213A of the Act
3. Form I-864A, Contract Between Sponsor and Household Member
4. Form I-864W, Intending Immigrant’s Affidavit of Support Exemption
5. Form I-945, Verification of Self-Employment or Other Income
6. Form G-325A, Biographic Information
7. Form I-551, Permanent Resident Card
8. Form G-28, Notice of Entry of Appearance as Attorney or Representative

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

It typically takes USCIS approximately 6 months to process an Affidavit of Support in New York.

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

You can find out if your Affidavit of Support has been approved by USCIS in New York by contacting the USCIS office where you filed it. You can also check the status of your application online using the USCIS online Case Status System.

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

There are a variety of resources available to individuals seeking assistance with the Public Charge Rule and Affidavit of Support in New York. Legal Assistance: The New York State Office for New Americans (ONA) provides free, high-quality legal assistance to immigrants in all five boroughs of New York City. The ONA can provide assistance with the completion and filing of forms, including the Affidavit of Support as well as information on the Public Charge Rule.

Other organizations that provide legal assistance and advice on the Public Charge Rule and Affidavit of Support include:

• Catholic Charities: Catholic Charities provides free immigration legal services, including assistance with the Affidavit of Support.

• Immigration Advocates Network: This national network of nonprofit organizations provides legal services, including help with the Affidavit of Support.

• Safe Passage Project: This organization provides legal representation for unaccompanied immigrant children in New York City. The Safe Passage Project can also provide assistance with the Public Charge Rule and Affidavit of Support.

Educational Resources: The following organizations provide educational resources on the Public Charge Rule and Affidavit of Support in New York:

• The National Immigration Law Center: This organization provides information on the Public Charge Rule and offers an FAQ page about the rule.

• The Immigrant Legal Resource Center: This organization offers resources related to filing an Affidavit of Support, including sample forms and an FAQ page about the form.

• Make the Road New York: This organization has created a public charge information sheet to help individuals understand what benefits are affected by public charge and the impact it can have on immigration status.

• Desis Rising Up and Moving (DRUM): DRUM provides education and advocacy on issues related to immigration, including public charge. They have created a factsheet in multiple languages that covers public charge basics.