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Frequently Asked Questions About the Public Charge Rule
Frequently Asked Questions About the Public Charge Rule
The public charge rule says that immigrants who get certain public benefits from the government could have trouble getting a green card or gaining entry to the U.S. from abroad. The government is considering making changes to the rule to make it stricter. The government must look at comments from the public before the changes to the rule can go into effect. Anyone can and should comment on the rule by December 10, 2018.
What is a public charge?
A public charge is an immigrant who has very low income and depends mostly on public benefits to meet their basic needs. If the government considers you to be a public charge you can be denied
- admission to the U.S., or
- a green card.
(Green card holders are also called lawful permanent residents.)
Under the current public charge rule, it can be harder to get a green card if you get cash assistance or you are in a long-term care institution because you are considered to be a public charge – in other words, you depend on the government.
Getting housing help (like Section 8), Medicaid (HUSKY), or food stamps (SNAP) does not currently affect your ability to get a green card.
How would the public charge rule change?
When you apply for a green card, the government will consider if you are likely to become a public charge by weighing many factors such as your age, health, family status, financial status, education, skills, and whether you have used certain public benefits. [1]
Under the proposed rule, these public benefits would also count, in addition to cash assistance or long-term care institutionalization, when the government decides if you are a public charge: [2]
- Medicaid (HUSKY),
- SNAP (also known as food stamps), and
- housing assistance (like Section 8).
Who does the public charge rule apply to?
The rule only applies to people applying for green cards and people seeking admission to the U.S. from abroad. The public charge rule does not apply if:
- you already have a green card (you’re a lawful permanent resident), unless you leave the country and return [3];
- you are renewing your green card;
- you are a naturalized citizen; or
- you qualify for or have certain humanitarian forms of relief (such as refugees and asylees) [4].
If you are in one of these categories, you can use ANY benefits you qualify for, including cash aid, health care, food programs, and other non-cash programs. This is true of the current rule and the proposed rule.
The proposed rule would also apply to requests to extend a non-immigrant visa or to change your non-immigrant status. [5]
Does the proposed rule mean I could be deported as a public charge?
The proposed rule does not change the rules about being deported. [6]
Should we stop any Medicaid (HUSKY), SNAP (food stamps), or housing assistance benefits that we are getting now?
No. Keep getting what your family needs. If the rule goes into effect, you’ll have time to decide if you should make any changes. [7]
What if my child gets Medicaid (HUSKY) health coverage?
The government will not consider your child’s use of Medicaid (HUSKY) in your application for a green card. Children who are U.S. citizens are not subject to the public charge rule. Children who are legal permanent residents are also not subject to the public charge rule, unless they leave the country and return. [8]
Children who are applying for a green card could be subject to the proposed rules. A child’s use of Medicaid (HUSKY) could count against them, along with their age, income, and other factors. If the proposed rule goes into effect, you’ll have time to decide if you should make any changes.
What benefits would not be included under the proposed rule?
Using these benefits will not hurt your chances of getting a green card:
Disaster relief; emergency medical assistance; entirely state, local, or tribal programs (other than cash assistance); benefits received by your family members; education; child development (such as Head Start or Early Head Start); employment and job training programs; transportation vouchers or non-cash transportation services; federal earned income tax credit; child tax credit; student loans; energy assistance; free and reduced school lunch; WIC; and any other benefit not specifically listed in the proposed rule.
Does the Connecticut Department of Social Services (DSS) share my information with ICE or immigration officials?
No. DSS will check to make sure you are eligible for the program, but does not share the information with ICE or immigration officials. [9]
How can I oppose this change?
Here are two ways you can fight the proposal:
- Submit a comment at the Protecting Immigrant Families website (https://protectingimmigrantfamilies.org/#take-action) explaining why it’s a bad idea. If you don’t want to give your name, you can ask a friend to submit the comment for you.
- Get other people to submit comments too. Work with the community to get elected officials – especially members of Congress – to submit comments. If members of Congress take action now, then this rule will be on their radar – and if the rule goes into effect, maybe Congress will pass a law to end it.
Endnotes:
[1] Positive factors may include: having income or resources of over 250% of the federal poverty level; having family members who can support you; certain job skills; and other factors.
Negative factors may include: earning less than 125% of the federal poverty level; being a child or senior; limited English ability; having less than a high school education; having a poor credit history; seeking or obtaining a fee waiver in applying for an immigration benefit; having a health condition that requires extensive treatment or that affects your ability to work, attend school, or care for yourself; and other factors
[2] Under the proposed rule, you may be considered a public charge if you currently use or have used any of the following programs:
- Cash assistance programs*, including:
- Temporary Assistance for Needy Families (TANF)*
- Supplemental Security Income (SSI), which helps people with limited income and who have disabilities, are blind, or are age 65 or older*
- General assistance or other local cash assistance programs (for example, TFA or SAGA)*
- Institutionalization for long-term care paid for by the government (for example, using Medicaid to stay at a nursing home)*
- Medicaid (HUSKY) health coverage (except for emergency medical conditions and services or benefits funded by Medicaid but provided under the Individuals with Disabilities Education Act (IDEA) and benefits provided to foreign-born children of U.S. citizen parents)
- Supplemental Nutrition Assistance Program (SNAP, also known as food stamps)
- Medicare Part D low income subsidy for prescription drug costs
- Federal rental assistance, such as Section 8 housing vouchers and any housing funded by project-based Section 8
- Certain subsidized housing through the federal government
*Receipt of these benefits is already considered under the current public charge rule. The other benefits listed are part of the new proposed rule.
Whether your use of public benefits will be considered a negative factor will depend on
- when you used the benefits;
- how long you used the benefits;
- the value of the benefits you received; and
- other factors.
Also, if you are required to provide an affidavit of support from a sponsor as part of your green card application and you don’t provide one, you will automatically be denied under the public charge rule. An affidavit of support is a legally enforceable contract that a person (called a “sponsor”) signs to accept financial responsibility for another person who is coming to the U.S. to live permanently.
[3] The proposed public charge rule may be applied to green card holders who leave the U.S. for more than 180 continuous days (about 6 months) and then try to reenter the United States. You should speak with an immigration attorney or DOJ-accredited representative before you leave the U.S.
[4] If you are in one of these categories, you can use ANY benefits you qualify for. This includes cash aid, health care, food programs, and other non-cash programs.
- Refugees;
- Asylees;
- Persons who have or are applying for U Visas;
- Persons who have or are applying for T Visas;
- Children seeking Special Immigrant Juvenile Status (SIJS);
- Persons applying for a green card under the Violence Against Women Act (VAWA); and
- Certain persons who are paroled into the U.S.
[5] Requests to extend a non-immigrant visa would include, for example, staying longer on a visitor’s visa. Requests to change status would include, for example, changing from a student visa to an employment visa.
[6] Under current law, in extremely rare circumstances, a person who has become a public charge could be deported. For example,
- if you use cash assistance or long-term care within five years of becoming a lawful permanent resident for reasons that existed before you entered the country, and
- you or your sponsor were asked to pay for these services, and
- you or your sponsor refused to pay.
These rules are very narrow and have almost never been applied.
[7] The proposed rule will not be final for several months and it may not become final. Also, the government will not consider your use of benefits that were added to the list as part of the proposed rule (such as Medicaid (HUSKY), SNAP (food stamps), and/or housing assistance benefits), unless you use these benefits after the rule becomes final.
However, for benefits that are already part of the current public charge rule (including cash assistance such as TANF, SSI, long-term institutional care, TFA, and SAGA), the government will consider your usage of these benefits before the effective date of the new rule.
You should speak to an immigration attorney or DOJ-accredited representative if you have specific questions.
[8] The proposed public charge rule may be applied to green card holders who leave the U.S. for more than 180 continuous days (about 6 months) and then try to reenter the United States. You should speak with an immigration attorney or DOJ-accredited representative before you leave the U.S.
[9] If you are undocumented, you can apply for your U.S. citizen children without giving information about your own immigration status. You only have to give information about your child’s citizenship or immigration status. You do not have to give immigration status information about yourself or others in your household who are not applying for benefits. You can provide only the necessary information.
You should not misrepresent any information when completing public benefit applications, or dealing with any government agency.
This article was produced by Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services of Connecticut.
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