African Immigrants in the United States of America

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The

Dilemmas of the New Public Charge Rule - Part IV

By J Reynold Weeks

A Four-Part Series – The Conclusion

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Key Points

  • People not affected not have to get off public benefits because the public charge will not apply to them.

  • While the new rule about public charge, most immigrants are 'NOT' impacted; refugees, U and T visa applicants, and immigrants applying for VAWA, DACA, TPS, etc. as described in parts one through three.

  • The new rule only affects those applying for a green card through a family member petition. If applying for asylum or asylee benefits, this will not apply to them, U visa adjustments, etc.

  • The new rule does not change who is eligible for benefits.

  • If you are worried that the public charge rule might apply to your situation, get legal help from a trusted attorney or accredited representative at a non-profit organization.

Frequently Asked Questions

Will I Be Deported If I Use Public Benefits?

Public charge is a test applied when an immigrant applies for a green card or entry into the United States. In California, for example, the counties and state offices do not call ICE. They only use the information to enroll you or your family member in a benefit.

An Attorney Told Me That I Should Disenroll Myself Or My Children From Public Benefits, To Apply For A Green Card. Is This True?

Under current rules at immigration in the U.S., the only public benefits that would make a person a public charge are cash assistance and long term institutionalization care. People applying for other types of immigration status, including asylum, visas for a victim of a crime, domestic violence, and naturalization, are not affected by the public charge. People applying for other types of immigration status, including asylum, visas for a victim of a crime, domestic violence, and naturalization, are not affected by the public charge. However, if a person is applying at an American consulate for a visa, the rules are strict. The person should consult a trusted legal representative for advice.

Will, I Be Considered A Public Charge If I Use WIC?

No! Supplemental Nutrition Program for Women, Infants, and Children (WIC) is not a consideration.

Will, I Have Problems If My Children Use, Medi-Cal?

No! USCIS will not consider benefits received by family members when deciding if a person is a public charge, as long as it is not the sole source of income for the family. Children’s use of Medi-Cal is exempt.

Will I Get Deported If I Go To The Emergency Room Or Use Emergency Medi-Cal?

No! This type of emergency service is not considered under public charge.

I’m Pregnant And Not A U.S. Citizen. Will I Have Problems With Immigration If I Use Medi-Cal?

The new rule will look at the use of Medicaid but does not include Medicaid for pregnant women or children under 21. In California, people who are not applying for a green card through a family member do not have to worry about being a public charge.

I Was Injured On The Job And Receiving Payments From My Employer because I Can’t Work. Will This Create Problems For Me If I Apply For A Green Card Or To Become A Citizen?

No! Benefits that a person earns through their jobs, such as worker’s compensation or unemployment benefits, don’t count against the person in a public charge test.

Will I Have Problems, If I Get Help From A Domestic Violence Shelter, A Food Pantry, Church, Mosque, or Synagogue?

No! Services available to the community as a whole or without an income requirement will not make someone a public charge.

Things To Remember

  • If you and your family members already have green cards: Public Charge and any changes to it has NO impact on you.

  • If you are applying for or have one of the following statuses – U.S. Citizenship or TPS, U or T Visa, Asylum or Refugee status, or Special Immigrant Juvenile Status: Public Charge test does NOT apply to some immigrants listed here. Benefits received while you are in this status will not be counted against you in the future, even if you apply for a green card on another basis.

  • If your family plans to apply for a green card or visa outside the United States: U.S. consular offices abroad use different rules in making their decisions. Talk with an expert for advice in your case before making any decisions in dealing with the ever-changing U.S. immigration policies on Public Charge.

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Theo Edwards

Theo Edwards has over twenty years of diverse Information Technology experience. He spent his days playing with all things IBMi, portal, mobile application, and enterprise business functional and architectural design.

Before joining IBM as Staff Software Engineer, Theo worked as a programmer analyst and application specialist for businesses hosting eCommerce suite on IBMi platform. He has been privileged to co-author numerous publications such as Technical Handbooks, White paper, Tutorials, Users Guides, and FAQs. Refer to manuals here. Theo also holds a degree in Computer Science, Business Administration and various certifications in information security and technologies. He considers himself a technophile since his engagement at Cable & Wireless then later known SLET.