Did you know over 40% of immigrants applying for green cards must meet strict financial rules? This rule is key in immigration policy. It checks if an individual might need government support for their basic needs later. The Affidavit of Support is a key document. It makes a sponsor promise to support the immigrant financially.
This article will cover the public charge rule, its exceptions, and what factors are looked at. You’ll learn about the affidavit of support and how public benefits affect it during the COVID-19 pandemic.
Key Takeaways
- The public charge rule checks if an immigrant can support themselves and avoid government aid.
- Sponsors must show they can support the immigrant with their income or assets.
- The Affidavit of Support is a key document. It makes the sponsor promise to cover the immigrant’s basic needs.
- Some immigrants don’t have to worry about the public charge rule.
- Benefits like Medicaid, SNAP, and housing help can affect the public charge decision.
Introduction to the Public Charge Rule
The public charge rule is a key part of immigration law. It lets the government deny a visa or status if someone might depend too much on government support later. This rule aims to make sure immigrants can support themselves and don’t lean too much on public aid.
Overview of the Public Charge Ground of Inadmissibility
Immigration officials look at this rule closely when checking applications. They consider factors like age, health, family situation, money, education, and skills. They want to see if someone might need government support for their basic needs in the future.
Purpose of the Public Charge Rule and Its Impact on Immigrants
The rule aims to keep immigrants self-sufficient and not a financial load on the government. If someone is seen as likely to rely on government aid, it can affect their visa or status. This can greatly impact their life and work in the U.S.
USCIS uses the 2022 Final Rule for adjustment of status applications sent after Dec. 23, 2022. They apply this rule and the 1999 Interim Field Guidance to applications sent before that date.
Exemptions from the Public Charge Ground of Inadmissibility
The public charge rule looks at if an immigrant might need government help. But, some immigrants don’t have to worry about this rule. These include asylees, refugees, VAWA self-petitioners, and special immigrant. They don’t have to go through the public charge test when they apply for visas or to change their status.
Categories of Immigrants Exempt from Public Charge
- Asylees and Refugees: Those who get asylum or refugee status don’t have to worry about the public charge rule.
- VAWA Self-Petitioners: People who apply for status under the Violence Against Women Act (VAWA) are also free from the public charge rule.
- Special Immigrant Juveniles: Some immigrant kids who faced abuse, abandonment, or neglect by a parent don’t have to worry about the public charge rule.
These groups face special challenges and are given special protection. This means they can apply for legal status without the worry of the public charge rule.
The Biden administration brought back the old public charge rule. This means they don’t need the old Form I-944 anymore. Now, the Affidavit of Support (Form I-864) is usually enough to help with family-based adjustment of status applications.
Factors Considered in Public Charge Determinations
Immigration officers look at many things when deciding if someone might be a public charge. They check the applicant’s age, health, family status, assets, resources, financial status, education, and skills. Having a strong affidavit of support can help too.
Health is a big factor, focusing on Class A or B medical conditions. USCIS looks at how health affects an applicant’s life. They also look at the family’s size, makeup, and who depends on them financially.
- They check the applicant’s assets, resources, and financial status. This includes income, investments, and how much debt there is. They look at the overall financial health of the household.
- They also consider the applicant’s education and skills. These can show if someone can support themselves.
USCIS looks at everything to decide if someone might be a public charge. They consider all these factors together to make a fair decision.
Public Benefits Considered in Public Charge Determinations
When looking at public charge determinations, only certain public benefits count. These include cash help for income, like Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and local cash help. Also, getting long-term care paid for by the government counts.
But, noncash benefits like Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing help don’t matter. So, being part of these programs won’t hurt your chance of getting a green card or other immigration benefits.
Cash Assistance Programs and Long-Term Institutionalization
Important cash benefits are looked at for public charge determinations. These are:
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- State and local cash assistance programs
Also, getting long-term care paid for by the government is considered. This affects how likely someone is to become a public charge
The public charge rule only looks at these cash help programs and long-term care. Noncash benefits like Medicaid, SNAP, and housing help don’t count.
public charge rule, affidavit of support
The affidavit of support is a crucial legal document. It’s key in public charge determinations for many immigrants. It’s needed for family and some work-based immigration cases. The sponsor promises to support the immigrant financially, which is important for public charge assessments.
Understanding the Affidavit of Support
The affidavit of support, or Form I-864, is vital. It makes the sponsor promise to pay for the immigrant’s needs. This ensures the immigrant won’t rely on the government for support. The sponsor’s financial duties and how they meet them are checked closely.
Some applicants can use the easier Form I-864EZ if they have enough money and assets. But, the sponsor’s financial situation and ability to support the immigrant are still key in the review.
By showing the sponsor can and will support the immigrant, the affidavit helps in public charge decisions. It makes sure immigrants won’t become a financial burden. This addresses a big worry behind the public charge rule.
Public Benefits Not Considered for Public Charge
Immigrants and their families can get many public benefits without worrying about their immigration status. Programs like Medicaid, SNAP (food stamps), housing help, COVID-19 benefits, tax credits, and disaster relief are not counted in public charge decisions. This is by U.S. Citizenship and Immigration Services (USCIS).
Many eligible immigrants and their families don’t apply for SNAP because they’re scared of being seen as a “public charge.” But, the 1999 Interim Field Guidance says getting SNAP benefits doesn’t affect public charge decisions by USCIS. If they apply for or get SNAP benefits, immigrants or their families won’t be seen as inadmissible.
- SNAP offices can’t ask for immigration papers from people not applying for benefits.
- USCIS can be reached at 1-800-375-5283 for immigration info, and SNAP at 1-800-221-5689 (English) or 202-720-2791 (English and Spanish).
- FNS plans to create new webpages with info for immigrants and mixed-status families.
The 2011 SNAP Guidance on Non-Citizen Eligibility gives clear rules on SNAP for immigrants. The main aim is to ensure fairness and equity, as the law demands.
Applying the Public Charge Rule to Adjustment of Status Applications
The public charge rule is crucial for immigrants applying for a green card through adjustment of status. The USCIS checks if an applicant might mainly rely on the government for support. This is when looking at Form I-485, Application to Register Permanent Residence or Adjust.
Determining Applicability of Public Charge Ground
For adjustment of status applications postmarked on or after December 23, 2022, the 2022 Final Rule applies. Before this date, the 1999 Interim Field Guidance was used. The USCIS looks at if a noncitizen might mainly depend on the government for support.
If an applicant incorrectly answers public charge questions on Form I-485, USCIS might ask for more evidence. But, some groups like asylees and refugees don’t have to worry about the public charge rule.
USCIS looks at many things to decide if someone might become a public charge. This includes age, health, family and financial situation, and education. The USCIS policy explains how they use these factors and other criteria.
Public Charge and COVID-19 Benefits
The COVID-19 pandemic has changed the public charge policy in the U.S. Immigration officials say that COVID-19 testing, treatment, or the vaccine won’t count towards public charge. This means that immigrants can get the medical care they need without worrying about their immigration status.
Also, COVID-19-related benefits like stimulus checks and disaster relief aren’t counted for public charge. This lets people in need get these benefits without affecting their immigration status.
The U.S. Citizenship and Immigration Services (USCIS) has made it clear. They won’t consider COVID-19 testing, treatment, or vaccines in public charge decisions. This policy encourages immigrants to get medical care during the pandemic without fear.
The USCIS’s policy on COVID-19 benefits and public charge shows they care about public health. They want immigrants to have access to healthcare during tough times. By not counting these benefits for public charge, they help both immigrant communities and the wider public.
Conclusion
The public charge rule and the affidavit of support are key parts of the immigration process. They affect how immigrants and their families can get the help they need. By knowing about these rules, including who is exempt and what factors are considered, people can make better choices.
The rules changed a lot in 2019, thanks to the Department of Homeland Security. The Supreme Court in 2020 let these new rules go into effect everywhere, except in Illinois. These changes made it harder for some immigrants to get legal permanent resident status through family.
But, some immigrants don’t have to worry about the public charge rule. This includes refugees, asylees, and victims of trafficking. Also, the rule doesn’t always apply to lawful permanent residents. The 2019 rule was thrown out in March 2021, and USCIS now follows the 1999 guidance.
By understanding these rules and their exceptions, immigrants can move forward with confidence. They can get the support they need without risking their immigration plans.