What Is a Public Charge in Immigration Law?
Say you are applying for a visa to come to the United States from abroad. Or, for a green card through a family member who is a U.S. citizen or permanent resident. In either of these cases, immigration officers may assess whether you are a “public charge.” Without further introduction, please continue reading to learn what a public charge means and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you avoid getting labeled as such.
In the context of immigration law, what is a public charge?
Upon reviewing your visa or green card application, an immigration officer may conduct a public charge test. This is essentially an inspection of whether, now or in the future, you will likely become primarily dependent on the United States government for support during your stay. For example, based on your age, you may apply for a cash assistance program, like Social Security Insurance (SSI). Or, due to your health conditions, you may petition for government-funded institutionalized long-term care, namely Medicaid. Lastly, given your household size compared to your education, income, and assets, you may require, for instance, the Temporary Assistance for Needy Families (TANF) program.
Does being a public charge mean I am inadmissible?
Unfortunately, if an immigration officer labels you as a public charge, they may decide you are inadmissible to enter the United States. This is because there are only a limited number of visas and green cards available each year, and they may feel more inclined to distribute them to those who will likely not need to rely on financial support from the government. However, you may turn this around by filing Form I-864, Affidavit of Support, a legally binding contract that holds that your U.S. sponsor can adequately financially support you during your stay.
Also of note, on December 23, 2022, the United States Citizenship and Immigration Services (USCIS) amended the rules surrounding this concept. It has now largely retreated to the 1999 policy, which provides more leniency for applicants who might otherwise be classified as a public charge. That is, this new rule holds that having a disability alone cannot be the sole basis for declaring inadmissibility. The same goes for benefits you may have received as a child, related to pregnancy, while serving in the military, or related to being the victim of a crime, domestic violence, or other adverse circumstances.
In addition, you should not be discouraged from opting for health, nutrition, and housing programs in which you are eligible for and that are ultimately essential for keeping your family safe and healthy. Namely, food programs like Supplemental Nutrition Assistance Program (SNAP) and healthcare services like Medicaid (excluding long-term care) are no longer included in an immigration officer’s public charge test.
If you need help preparing for this upcoming immigration process, turn to a skilled green card lawyer in Milwaukee, WI. We at Sesini Law Group, S.C., have gone through this countless times before, and we are ready to go through it again to support you.
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