African Immigrants in the United States of America

The Dilemmas of the New Public Charge Rule - Part III

By J Reynold Weeks

A Four-Part Series

Five Things To Know About Public charge

The Trump administration recently announced it will be harder for some people to receive certain visas or a green card through a family member if they use Medi-Cal, SNAP, and subsidized housing. The change to the ‘Public Charge’ is what we are discussing. Not everyone needs to worry about the new public charge rule.

If you are a Green Card holder (lawful permanent resident)

• Generally, people who already have a green card are not affected by 'public charge.'

• There is no public charge test to renew a green card.

• Green card holders cannot be deported simply for using public benefits. Very difficult for the government to deport a green card holder being a ‘public charge.’

• This public charge rule could apply if a permanent resident leaves the United States for more than 180 days during one trip. The government can ask questions to see if the person is a ‘public charge’ upon returning to the U.S. Green cardholders need to speak to a trusted immigration attorney or an accredited representative before they embark on a trip that will keep them out of the U.S. for more than 180 days.

• There is no public charge test to apply for citizenship. However, an immigration official might ask you questions about receiving public benefits to figure out if you received benefits when you were not eligible for it. Warning: You should review your public benefits history with a trusted legal representative before applying for citizenship.

IF YOU ARE UNDOCUMENTED

Each state has its rules. The State of California does not tell Immigration and Customs Enforcement (ICE) when you sign up for a public benefit.

If you are not eligible to apply for a green card now, there is no reason to give up the needed benefits.

The public charge test only affects some people who are applying for a green card through a family sponsor or petition or applying for certain temporary visas abroad. The new changes to public charge only affect applications filed in the U.S. on or after October 15, 2019.

Some immigrants do not have to worry about a public charge test. These people can use public benefits without problems because the public charge doesn’t apply to them. These people include:

• Refugees, asylees, and people applying for asylum

• People applying for a U visa (victims of crime), T visa (victims of trafficking), VAWA (certain victims of domestic violence), and Special Immigrant Juvenile Status (children who have been abused, abandoned, or neglected)

• People applying for a green card based on already having a U visa, T visa, VAWA, asylum, or refugee status

• People renewing TPS or DACA

Anyone who wants to submit an immigration application should work with a trusted immigration attorney, an accredited representative, to prepare a strong application.

IF YOU WANT TO SPONSOR A FAMILY MEMBER TO COME TO THE U.S.

There is no public test to naturalize. You can become a U.S. citizen even if you have used benefits or need a fee waiver for your application. There is no public charge test to renew a green card.

You can sponsor a family member and still use public benefits.

If you are sponsoring your family member and do not have enough income to support your family member, you can add a second (“joint”) sponsor who has enough income to support the family member. Important: Review your family member’s financial documentation with a trusted immigration attorney, or accredited representative, to prepare a strong application, and decide whether joint sponsor needed.

If a family member is going to a visa interview inside the U.S., only your family member’s use of certain benefits can be counted against them.

On the other hand, if your family member is going to a visa interview outside the U.S. at a consulate, your use of benefits might show that you cannot financially support your family member. In this case, a joint sponsor might be needed. Talk with a trusted attorney or accredited representative to help prepare the case.

The final article 'Dilemmas of the New Public Charge Rule - Part IV' will be in the next publication.

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