Are you seeking to immigrate to the United States, either temporarily or permanently? If so, a crucial aspect of your application will involve an assessment by an immigration officer of whether you are likely to become a “public charge.” This carries significant implications for your immigration journey. Please continue reading as we explore what it means to be deemed a public charge and the importance of connecting with an experienced New Jersey Immigration Lawyer.
Who is Considered a Public Charge?
An immigration officer may consider an applicant a public charge if they are primarily dependent on the government for support during their stay. This dependence can manifest through various public benefits, such as cash assistance for income maintenance or long-term institutionalization at government expense. This rule is designed to ensure that immigrants are self-sufficient and won’t place an undue burden on public resources.
Determining the likelihood of an applicant becoming a public charge involves a multifaceted evaluation. This assessment typically takes into account factors such as the applicant’s age, health, family situation, assets, available resources, financial standing, educational background, and professional skills. Additionally, immigration officers will consider any affidavits of support provided, in which a U.S. citizen or permanent resident sponsor commits to offering financial assistance during their stay.
Am I Inadmissible?
In the unfortunate event that an immigration official labels you as a public charge, you may be inadmissible to the U.S. This is due to the limited number of visas and green cards available every fiscal year, with a preference for applications less likely to require government fiancnial assistance. However, you can counter this by filing Form I-864, Affidavit of Support, a legally binding contract confirming your U.S. sponsor’s financial capability to support you during your time in the country.
It should be noted that as of December 23, 2022, the United States Citizenship and Immigration Services (USCIS) ended the public charge rules, largely reverting to the more lenient 1999 policy. This new rule specifies that a disability alone cannot be the sole reason for inadmissibility. The same applies to benefits as a child, during pregnancy, while serving in the military, or as a victim of a crime, domestic violence, or other adverse circumstances. Furthermore, you should not hesitate to utilize eligible health, nutrition, and housing programs vital for your family’s well-being. These services are not considered in a public charge test.
As you can see, navigating the intricacies of the public charge rule and its potential impact on your application can be challenging. An experienced legal professional can provide invaluable guidance. A dedicated lawyer at The Law Offices of Aditya Surti, LLC, who can help you address any potential concerns. Connect with our firm today for more information.