You’ve probably heard a lot of talk about the public charge in the news lately.
But what is it? How do you know if you qualify? And when will you be affected?
We’re here to help! In this guide, we’ll take you through 5 frequently asked questions about the best product liability lawyer Los Angeles.
Q1: What is a public charge?
Public charge is a term used to describe someone who is likely to need financial assistance from the government.
In the context of immigration, someone might end up needing food stamps or other forms of public assistance in the future. Immigration law requires that applicants for an immigrant visa or green card not be likely to become a public charge.
The government uses this information to determine whether or not you can immigrate into the U.S., and it’s also one of the criteria used in determining eligibility for green card renewal and adjustment of status.
Q2: What are the criteria for being a public charge?
A person may be considered likely to become a public charge if:
they have medical conditions that require ongoing treatment or care (such as mental health issues or substance abuse);
physical limitations that make it difficult for them to work;
limited English proficiency that makes it hard for them to find work in their field(s) of expertise and/or limited access to professional networks/connections with employers who could help them find
Q3: What does this mean for me?
If you are applying for legal permanent residence status, you will need to show that you do not have dependents who are likely to become a public charge. If you have dependents who are likely to become a public charge, it could affect your application or even lead to your deportation if they apply at a later time.
The benefits that count as a public charge include:
- cash assistance (like TANF, SSI, or General Assistance)
- food stamps (Supplemental Nutrition Assistance Program, or SNAP
- long-term care at home or in an institution (like Medicaid), and
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- General Assistance (GA)
- Medicaid & Medicare
- Part D Low-Income Subsidy Program (LIS)
- Section 8 housing subsidy programs.
Q4: How do I know if I’m likely to become a public charge?
If you are applying for a green card, your sponsor (the person who is sponsoring you) must fill out an Affidavit of Support (Form I-864) indicating his or her willingness and ability to support you financially on an ongoing basis throughout your life on the United States.
If you are not sponsored by someone else, you must prove that you will not become a public charge. This includes proving that you have health insurance that covers any medical costs that may arise from your being sick or injured while living here in the United States on a temporary visa status or other types of legal status.
Q5: How do I know if my child or spouse could become a public charge?
You should consider all financial resources available to them and whether they are likely to use those resources in the future. If so, then they may be considered a public charge and be denied entry into the country—or possibly even deported if they already live here!
If there is any question about whether someone could become a public charge in the future based on their current situation or other factors such as age or disability status, then they should be listed on the application as well so that USCIS has all relevant information when deciding whether or not to approve an application.
Final Thoughts
We hope this guide has been helpful in answering your questions about public charge and how it affects your immigration status. If you have any questions we didn’t answer, please feel free to get in touch with us.