The new Public Charge regulation went into effect February 24, 2020. It mainly impacts people who receive government benefits, and are in the process of “adjusting their status”. The new test does not include those benefits received by immediate family members, but it will consider other factors such as: English language proficiency, health, family size, assets, resources, financial status, education and skills.
Who is Affected by the Current Public Charge Rule?
The public charge rule applies to individuals who are:
- Applying for a visa to enter the U.S. from abroad.
- Applying for adjustment of status to become a lawful permanent resident (green card holder) from within the U.S., generally through a family-based petition.
The public charge rule does not apply to several categories of immigrants, including:
- U.S. Citizens
- Lawful Permanent Residents (green card holders) applying for citizenship or renewing their green cards (unless they have been outside the U.S. for more than six months).
- Refugees and asylees, and those applying for these statuses.
- Individuals applying for or who have been granted Temporary Protected Status (TPS).
- Individuals applying for or who have Deferred Action for Childhood Arrivals (DACA).
- Special Immigrant Juveniles (SIJS).
- Victims of trafficking (T visa applicants/holders).
- Victims of certain crimes (U visa applicants/holders).
- Self-petitioners under the Violence Against Women Act (VAWA).
- Many other specific categories as outlined by USCIS.
What is Considered Under the Public Charge Test?
Immigration officials will look at the applicant's overall circumstances, including factors such as:
- Age
- Health
- Family status
- Assets, resources, and financial status
- Education and skills
However, only the following public benefits are considered as part of the public charge test:
- Cash assistance for income maintenance, such as:
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF) cash assistance
- State and local cash assistance programs that provide ongoing payments for basic living expenses.
- Long-term institutionalization at government expense, including:
- Long-term care in a nursing home or mental health institution paid for by Medicaid.
What Benefits Are NOT Considered?
Importantly, the following benefits are not considered in a public charge determination:
- Healthcare, including most forms of Medicaid, Children's Health Insurance Program (CHIP), and COVID-19 related care (testing, treatment, and vaccines).
- Food and nutrition programs such as SNAP (food stamps) and WIC.
- Housing benefits like Section 8 and public housing.
- Unemployment benefits.
- Disaster assistance.
- Earned benefits such as Social Security retirement benefits, government pensions, and veterans' benefits.
- Tax credits and stimulus payments, such as the Earned Income Tax Credit (EITC) and Child Tax Credit.
It's crucial to understand that using most public benefits for which an individual is eligible, particularly health, food, and housing assistance, will not negatively impact their immigration case under the current public charge rule. The focus is on whether an individual is likely to become primarily dependent on the government for basic living expenses in the future, as demonstrated by the receipt of cash assistance for income maintenance or long-term institutionalization at government expense.