If you’re looking to live or work in Middlesex County, New Jersey, or anywhere in the United States, it’s crucial to understand the “public charge” rule, as it can affect your ability to enter the U.S., obtain an extension on a visa, or become a lawful permanent resident. Please continue reading to learn what “public charge” means for immigration purposes and how an adept New Jersey Immigration Lawyer can help you today.
What Is the “Public Charge” Rule?
The “public charge” inadmissibility test was established in immigration law by the U.S. Congress in 1883. However, it did not come to be formally defined until 1999, when the former Immigration and Naturalization Service (INS), the agency that predated the Department of Homeland Security (DHS), released the “1999 Interim Field Guidance.” Essentially, this guidance declared a “public charge” as someone “primarily dependent on the government for subsistence.”
With this definition in mind, when an immigration officer is determining whether to grant an applicant a green card or an extension of a visa, they must also consider whether the applicant is likely to become a “public charge,” meaning whether they will become dependent on the U.S. government for support.
How USCIS Evaluates Public Charge Concerns
Immigration officers evaluate the “totality of the circumstances” when making public charge determinations. No single factor automatically determines inadmissibility. As such, the court will commonly consider:
- Age
- Health
- Family status
- Income and financial resources
- Professional skills
- Future earning capacity
- Employment history
- Affidavit of Support from a sponsor
Immigration Applicants Potentially Impacted by Public Charge Rules
- An immigrant with a green card
- An extension of a visa
- Admission into the U.S.
- Certain immigrant visa applicants
In most instances, public charge determinations are not applicable to humanitarian immigration categories, including:
- Refugees
- Asylees
- VAWA applicants
- U and T Visa applicants
- Special Immigration Juveniles
It’s crucial to note that a public charge determination will also consider the totality of the immigrant’s circumstances. This includes their age, health, family status, financial status, assets, resources, education, skills, and an Affidavit of Support from a sponsor.
Who Can Be Considered a Public Charge?
An immigration officer can consider an applicant a public charge in the event that they are likely to become primarily dependent on the government for financial support during their stay in the United States. This determination is forward-looking, meaning USCIS must consider the likelihood of future dependence as opposed to automatically denying applicants based on past benefit usage.
While public charge concerns are most commonly associated with green card applicants, not every immigrant or non-immigrant applicant is subject to the rule. Public charge determinations most commonly arise in family-based applications in which the USCIS officer must determine whether or not the applicant is likely to depend on government assistance.
Public Charge Definition
A person may be considered a public charge if they are likely to:
- Become primarily dependent on government assistance
- Require long-term institutional care funded by the government
- Lack of sufficient financial resources to support themselves
Important Legal Clarifications About Public Charges
Under USCIS policy:
- Receiving benefits does not automatically make someone a public charge
- Officers are required to review the full circumstances of the applicant
- Many public benefits are not included in the considerations
- Humanitarian immigration categories are typically exempt
What Public Benefits Are Included in Public Charge Determinations?
When an immigration officer decides on a public charge, they consider several public benefits. It’s important to understand that receiving such benefits doesn’t automatically render them a public charge. There are various other factors taken into account before making a final decision.
Public Benefits That May Be Considered
- Federal, state, local, or tribal cash assistance programs for income maintenance
- Supplemental Security Income (SSI)
- Temporary Assistance Needy Families (TANF)
- Medicaid institutionalization (long-term institutionalization paid for by the U.S. government)
Public Benefits That Are Generally Excluded
- Supplemental Nutrition Assistance Program (SNAP)
- Section 8 Housing Assistance
- Medicaid (certain circumstances)
- Child Health Plus
- Medicare Part D Extra Help
- Qualified Health Plans on the Marketplace
- WIC
- Foster care and adoption
- Student and mortgage loans
- Food pantries
- Homeless shelters
- Energy Assistance (HEAP)
What Is an Affidavit of Support?
In the majority of family-based immigration cases in Middlesex County and throughout New Jersey, where this type of immigration is incredibly common, applicants are often required to submit a Form I-864, Affidavit of Support.
What an Affidavit of Support Does
- Shows that the applicant has financial backing
- Demonstrates that the applicant is less likely to need government assistance
- Shows that the sponsor meets the minimum income requirements
- Demonstrates that the applicant has financial support in the United States
Who Typically Files For I-864
- U.S. citizen spouses
- Permanent resident family sponsors
- Joint sponsors
- Certain employment-based sponsors under limited situations
Contact an Experienced Middlesex County Immigration Attorney
For more information about the “public charge” rule, please don’t hesitate to reach out to a New Jersey immigration lawyer from the Law Offices of Aditya Surti, LLC. Our legal team is seasoned in handling all immigration-related matters. Contact us today to learn how we can fight for you.