Public benefits
I have been getting a lot of calls from people about the Trump Administration's “new law” on public benefits. Public benefits are things like food stamps, cash assistance, medicaid, long-term care. Just because a person receives public benefits does not mean that he/she will be denied permanent resident status for being a public charge.
For the last 20+ years, there has been a part of our immigration law that says if a person will be dependent on the government “by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense”, then that person can be denied permanent resident status for being a PUBLIC CHARGE. This is nothing new – there is just a new focus on this part of the law.
There are many people who are applying for status in the U.S. who are exempt from this public charge scrutiny. These people include refugees, and those who aply for TPS, VAWA, T, U, and many others.
In order to avoid a denial on the public charge issue, the government asks for an Affidavit of Support, and there are other factors that can be taken into consideration (such as a job offer, assets, work history). The Immigration Officer is supposed to consider all factors as it relates of future likelihood that the person will become dependent on the government.
I think that there is a lot of fear out there over this issue, and you need to get the facts and trump the fear. It is ALWAYS bad to lie on an application for public benefits. Correct household income needs to be reported. Public benefits received by family members are not counted against the person applying for Permanent Residence, but a Consular Official can take into consideration the past history of the household in considering the future likelihood of the applicant becoming a public charge, and the Official can ask for more proof that the applicant will not become dependent.
I am grateful that we live in a Country that has a safety net for those who need it, and the fact that children in a household might qualify to use that safety net for a period of time should not be another brick in the invisible wall for immigrants.
If you have concerns about your eligibility or risks, please consult with an immigration attorney before applying. If you are concerned about this trumped-up invisible wall, always call your Congressional offices to express your concern.
