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How the Public Charge Rule Affects Green Card Applications
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How Public Charge Review Affects Applicants.
The public charge ground of inadmissibility applies to certain people seeking admission to the United States or applying to become lawful permanent residents. It often arises in family-based Green Card cases, but whether it applies depends on the applicant’s immigration category.
Certain groups are exempt, including refugees, asylees, certain applicants under the Violence Against Women Act (VAWA), and certain applicants for or recipients of T or U nonimmigrant status.
USCIS does not make a public charge determination based on one factor alone. For applicants subject to the rule, the agency considers their circumstances as a whole to determine whether they are likely at any time to become a public charge. Relevant factors may include:
Age and health: Whether an applicant’s age or health affects their ability to work, support themselves, or meet their needs.
Family status: Household size, family circumstances, and the support available to the applicant.
Assets, resources, and financial status: Income, assets, financial resources, and the applicant’s overall financial situation.
Education and skills: Education, employment history, occupational skills, and other factors related to the applicant’s ability to support themselves.
Certain public benefits: Receipt of certain cash assistance for income maintenance or long-term institutionalization at government expense.
Only certain public benefits are considered when USCIS makes a public charge determination. These generally include certain cash assistance for income maintenance and long-term institutionalization at government expense.
Many commonly used benefits are not considered for public charge purposes. These generally include SNAP, most Medicaid benefits, housing assistance, and benefits received by family members rather than the applicant. As a result, receiving public assistance does not automatically mean that a Green Card applicant will be considered a public charge.
For many family-based Green Card applicants, Form I-864, Affidavit of Support, is also relevant to the financial requirements of the application. When required, the petitioning sponsor submits the form to demonstrate adequate financial support. If the sponsor does not meet the applicable requirements, certain assets or a qualifying joint sponsor may sometimes be used.
For applicants subject to the public charge rule, the public charge determination is part of the broader review of whether they are admissible to the United States. How the rule is applied depends in part on whether the applicant is seeking adjustment of status in the United States or applying for an immigrant visa abroad.
For applicants seeking adjustment of status, the process may include:
File Form I-485: Applicants generally submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with the forms and supporting documents required for their immigration category.
Provide required public charge information: Applicants subject to the rule provide information USCIS needs to evaluate the applicable public charge factors.
Submit an Affidavit of Support when required: In many family-based cases, a qualifying sponsor must submit Form I-864 and supporting financial documentation.
Respond to requests for additional evidence: USCIS may issue a Request for Evidence (RFE) if it needs additional documents or information. The applicant must respond by the deadline stated in the notice.
Attend an interview if required: USCIS may ask questions about the application, supporting documents, or relevant admissibility issues during an interview.
Receive a decision: USCIS considers the public charge determination together with the other requirements for adjustment of status before deciding the application.
Applicants seeking an immigrant visa through a U.S. embassy or consulate follow a different process. In those cases, the Department of State generally evaluates public charge inadmissibility as part of the immigrant visa application.
A public charge issue does not automatically result in a Green Card denial. It is one part of the overall admissibility review, and its effect depends on the requirements that apply to the applicant’s case.
ou may want to speak with an immigration attorney if you are unsure whether the public charge rule applies to your application or have concerns about how your financial circumstances or use of public benefits may be considered.
Legal guidance may be particularly useful if you are having difficulty meeting the Affidavit of Support requirements, need to determine whether a joint sponsor or assets can be used, or have received an RFE related to financial or public charge information. An attorney can also help you understand how these issues fit within the other eligibility and admissibility requirements that apply to your Green Card case.
If you have questions about how the public charge rule may affect your application, consider contacting Andrew T. Thomas, Attorneys at Law.
No. The public charge ground of inadmissibility does not apply to every Green Card applicant. Certain categories, including refugees, asylees, and some humanitarian-based applicants, are exempt.
No. Receiving a public benefit does not automatically result in a Green Card denial. Whether benefit use is relevant depends on the type of benefit, who received it, and whether the public charge ground applies to your application.
Generally, benefits received by another person, including a child or other family member, are not treated as benefits received by the Green Card applicant. The circumstances and benefit involved should still be reviewed carefully.
Depending on the circumstances, it may be possible to use qualifying assets or a joint sponsor who meets the applicable requirements. The rules depend on the type of case and the financial information provided with Form I-864.
Yes. If USCIS needs additional information to determine whether you meet the applicable requirements, it may issue a Request for Evidence (RFE). The notice will identify what USCIS is requesting and provide a deadline for responding.
