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Frequently Asked Questions About the Public Charge Rule
The new public charge rule says that immigrants who are applying for a green card or entry to the U.S. may denied if they are more likely than not to receive one or more of certain public benefits from the government in the future. The new rule regarding public charge will become effective on October 15, 2019, unless a judge says that the new rule can’t take effect. Applications and petitions submitted to U.S. Citizenship and Immigration Services (USCIS) that are postmarked before the effective date (October 15, 2019) will not be subject to the rule.
What is a public charge?
Under the new rule, a public charge is a non-citizen who receives certain public benefits for more than 12 months within any 36-month period. If you receive two different benefits in one month that will be counted as two months towards the 12 month total. For example, under the new rule, if you receive Supplemental Nutrition Assistance (SNAP) and Medicaid (HUSKY) in the same month, this would be counted as two months towards the twelve month total.
If the government considers you likely to be a public charge at any time in the future you can be denied
- admission into the U.S., or
- a green card (also known as Lawful Permanent Resident status).
Under the new rule, USCIS will look at your age, health, family status, education, skills, assets, resources and financial status as well as past receipt of public benefits, to decide whether you are likely to be a public charge. USCIS could determine that you are likely to become a public charge, based on the other factors listed above, even if you never received any public benefits in the past.
Under the new rule, a public benefit includes:
- Any federal, state, local or tribal cash assistance, including Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF) or any other cash benefit program;
- Supplemental Nutrition Assistance Program (SNAP), also known as food stamps;
- Section 8 Housing Assistance under the Housing Choice Voucher Program;
- Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
- Public housing under Section 9 of the U.S. Housing Act; and
- Medicaid (HUSKY), with certain exceptions.*
*Receipt of Medicaid (HUSKY) is not a public charge for people using HUSKY under age 21 and pregnant women.
USCIS will not consider any public benefits received prior to the new rule’s effective date of October 15, 2019 (unless halted by litigation).
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 without permission for more than 180 days at one time and return [1];
- You are renewing your green card;
- You are replacing your lost or stolen green card;
- You are a naturalized citizen;
- You are applying for a green card based on an approved U Visa or T Visa;
- You are applying for a green card based on an approved VAWA Self-Petition;
- You are applying for a green card based on an approved Special Immigrant Juvenile Petition; or
- You are a refugee or asylee.
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 new rule.
The new rule also affects requests to extend a non-immigrant visa or to change your non-immigrant status [2].
Does the new rule mean I could be deported as a public charge?
The new rule does not change the rules about being deported [3].
Should we stop any Medicaid (HUSKY), SNAP (food stamps), or housing assistance benefits that we are getting now?
USCIS will not consider any public benefits received prior to the new rule’s effective date, which is currently October 15, 2019. (Note: It is possible that the effective date of the rule may be delayed as a result of litigation.)
If you are unsure about whether to continue receiving benefits, please consult an immigration attorney to discuss the potential consequences of remaining enrolled after the effective date. Each situation is unique and the best course of action depends on your personal circumstances.
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 Lawful Permanent Residents are also not subject to the public charge rule, unless they leave the country for more than 180 days at a time and return [4].
Children who are applying for a green card are subject to the new rule; however, a child’s use of Medicaid (HUSKY) will not be counted against them. A child’s use of public benefits other than Medicaid (HUSKY) will be counted against them.
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; Medicaid for children and pregnant women 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 [5].
Notes:
[1] The 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.
[2] 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. Under the new rule, the future-looking requirement of the public charge determination has been removed for persons requesting to extend or change their non-immigrant status. Instead, USCIS will only consider whether the individual has received the above-listed benefits for more than 12 months within a 36-month period since obtaining the nonimmigrant status they seek to change from or extend.
[3] 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.
[4] The 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.
[5] 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. If you are undocumented, seeking to apply only for your citizen children, and you are asked to apply on your own behalf, contact legal services.
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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