What is Public Charge?
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Public charge is a concept in the Immigration Act of 1882, which allows the United States government to deny a visa to applicants who may not be able to take care of themselves at any time during their stay in the U.S. An immigrant becomes a public charge if he cannot provide for himself and has no one to support him in the United States. There are different consequences attached to being a public charge. In the past few years, there has been a deliberation to broaden the scope, in terms of its definitions and how it might affect an applicant seeking to enter the country, requesting for a change of status, or an extension of stay. Visa applicants are advised to guide against factors that could make them a public charge risk when applying for a visa.
Final Rule on Public Charge
On the 14th of August, 2019, Department of Home Security (DHS) published a Final Rule on Inadmissibility on Public Charge Grounds final rule. The rule was not implemented nationwide until the 24th of February, 2020. The final rule explains how the DHS will determine if an applicant for a change of status or admission into the U.S is likely to depend on public benefits at some time in their stay in the United States. According to the final rule, a Public Charge is defined as any foreigner who has received one or more public benefits, that falls within the rules definition, for more than a total of 12 months, within any 36 month period. The U.S Citizenship and Immigration Service (USCIS) will reject the application for entry into the U.S or extension of stay in the U.S, of anyone who has received such benefits over the given period.
How Do I Know If I am a Public Charge Risk?
The following category of people may be at risk of being categorized as likely to become a Public Charge: You may be categorized as a public charge if:
You have applied for, have been certified to receive, or have received any of the following benefits on or after the 24th of February, 2020:
- Supplemental Nutrition Assistance Program ( SNAP or food stamps)
- Temporary Assistance for Needy Families (TANF)
- Supplemental Security Income (SSI)
- Any Nonemergency Medicaid - for adults who are not pregnant
- State or locally financed cash benefits
- Federal housing assistance, including Housing Choice Vouchers and public housing.
You have received any cash assistance before 24th February 2020.
You show potential for future use of the above benefits based on age, education, health, family status, income, assets, skills, level of proficiency in English, employment, and other attributes.
How Do I Avoid Being a Public Charge Risk?
If you don't want your application to be denied on Public Charge Grounds, you should not receive any public benefit in any of the categories above. If you can't avoid them totally, make sure you don't take them for more than a total of 12 months within any 36 month period.
How Do I Boost My Chances of Beating Public Charge Regulation and Get My Application Approved?
After observing the above precaution, you can increase your chance of success in your application to extend your stay in or enter the U.S by:
Having a household income, asset, or resources and support from a sponsor, of at least 250 per cent of the Health and Human Services (HHS) Federal Poverty Guidelines for your household size.
Obtaining authorization to work, and being gainfully employed in a legitimate industry. Here, you should earn an annual income of at least 250 per cent of the Federal Poverty Guidelines for a household of your size when processing the application.
Being insured with private health insurance coverage that is most appropriate for the expected period of your admission to the U.S.