You can explain why you are not likely to become a public charge in the future. BACKGROUND: What or who is a “public charge”? The attorney listings on this site are paid attorney advertising. Should I or my family stop using the government programs we are using now? Remember: this new public charge rule goes into effect 10/15/2019 so submit your petition before this date to be grandfathered into the old testing method of inadmissibility on the public charge grounds. This can also affect your odds of getting a green card. Join us in submitting comments to oppose the proposed changes to public charge policy. In January 2018, the U.S. State Department revised its Foreign Affairs Manual (FAM) to institute new policies on public charge. America has long encouraged immigrants to be self-sufficient from the moment they enter the US. Supplemental Nutrition Assistance Program (SNAP), Any diagnosed medical condition that requires extensive medical treatment, If you are applying for a green card (I-485), Applying to extend or change the category of nonimmigrant visa or renewing your status, Many types of nonimmigrant and immigrant visa (including the spouse visa), Green Card holders who have been outside the US for more than 6 months, Anyone that has already become a US citizen, Undocumented individuals (ineligible for public assistance), US Citizen children that receive public assistance benefits. The proposed new rule would broaden the definition of who is to be considered a public charge so that it includes immigrants who use one or more government programs listed in the proposed rule. Carefully review the list below so that you know when you can expect to get your money back. Which government programs would be added to the list of programs considered as part of the public charge test?

The government has asked for input on whether to include the Children’s Health Insurance Program (CHIP) as a program whose use should be considered in the public charge test. We suggest that, before you leave the U.S., you discuss your travel plans with an immigration attorney. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. We recommend that you consult with an immigration attorney before you go to your consular interview. Your health status will also play a role in whether you will pass the public charge test. Are you using any programs that may be considered in the public charge test?
The rules for public charge may change for people who are applying in the U.S. to become a lawful permanent resident. There are several listed below that you can apply for and still pass the public charge test. An affidavit of support is a legally enforceable contract that a person (called a sponsor) signs to accept financial responsibility for another person, usually a family member, who is coming to the U.S. to live permanently. If you are seeking a visa to enter the U.S., you may be subject to the public charge test and will have to show why you should not be deemed likely to become a public charge. This renewal demonstrates that the American public maintains its support for this principle. Can the government deny my renewal application because I am receiving Medicaid, food stamps, or housing assistance? | How can I help? Is there a way you could apply for a green card in the near future?

If you have a green card, you may be subject to the public charge test when you try to reenter the U.S. if you travel abroad for more than six months. | If I used government programs in the past, does that mean I may not be able to get a green card? If you make than the numbers in red for your household size, this is a positive factor!
What if I receive a benefit that’s not listed? I’ve also highlighted in RED how much 250% of the poverty guidelines really are. Applicants and petitioners will need to use new editions of the following forms: After February 24, failure to submit one of the new forms (or at least the latest one shown on the USCIS website) will result in your application being returned to you, after which you'll have to refile in order to move forward. If you received support in the past but no longer will need it, you can show that you no longer use or need these programs. Bar Code Area Action Block. When applying the public charge rule and other relevant standards, immigration officers who evaluate green card applications will generally exercise a certain amount of professional discretion and judgment. Basically, you’ll want to have more positive than negative factors surrounding your case. Can the government deny my renewal application because I am receiving Medicaid, food stamps, or housing assistance? PROPOSED CHANGES TO PUBLIC CHARGE POLICY: What are Trump’s proposed changes to the public charge rule?

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