Define: Public Charge

Public charge refers to a person who is likely to become primarily dependent on the government for financial support, such as through cash assistance programs or long-term institutional care.

No, receiving public benefits alone does not automatically make someone a public charge. The determination of public charge is based on various factors, including the individual’s age, health, income, education, and skills.

The public benefits considered in the public charge determination include cash assistance programs like Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and long-term institutional care funded by the government.

No, not all immigrants are subject to the public charge rule. The rule primarily applies to individuals seeking admission to the United States, those applying for lawful permanent resident status (green card), and certain nonimmigrants seeking an extension or change of status.

No, refugees and asylees are generally exempt from the public charge rule. They are eligible for certain public benefits upon arrival in the United States.

Receiving certain public benefits may have an impact on an immigrant’s ability to obtain a green card. However, the public charge determination is based on a totality of circumstances, and receiving public benefits alone does not automatically result in a denial of a green card application.

Yes, there are exceptions to the public charge rule. For example, the rule does not apply to U.S. citizens, certain military personnel and their families, and certain humanitarian immigrants.

Being a public charge alone is not a ground for deportation. However, if an immigrant becomes primarily dependent on public benefits within the first five years of entry and the benefits were received unlawfully, it may impact their immigration status.

Yes, in certain circumstances, an immigrant’s sponsor may be held financially responsible for the public benefits received by the immigrant. This is typically applicable when the sponsor signed an affidavit of support, which is a legally binding contract.

Yes, the public charge rule can change over time. It is important to stay updated with the latest regulations and consult with an immigration attorney or legal expert for the most accurate and current information.