What is "public charge"?

The final rule marks a significant and harmful change that would fundamentally alter the immigration system, making it much harder for low- and moderate- income immigrants to obtain lawful permanent resident status (become a “green card holder”). It also will make immigrants more fearful of receiving critical supports like health care and nutrition programs that help working families thrive and remain productive.

Know Your Rights

When a person applies for a visa or green card, immigration officials have historically used a “public charge” test to determine if they are likely to become primarily dependent on cash aid like social security from the government or long-term institutionalized care.  Someone judged a “public charge” can be denied a visa or green card, unless they qualify for an exemption.

On August 14, 2019, the Trump Administration extended its anti-immigrant agenda to the health care sector when the Department of Homeland Security released a final rule which significantly changes this policy and allows federal immigration officials to consider legal immigrants' use of previously excluded health, nutrition and housing programs as a strongly negative factor in their applications for permanent legal residency.  As of January 27, 2020, the DHS rule can go into effect nationwide, except in Illinois where it is blocked by a statewide injunction. Unless stopped by the courts in the future, DHS can implement the new public charge rule at any point.

If you are in one of these groups, you will NOT face a "public charge" test:

• U.S. Citizens
• Green card holders-unless you travel outside the U.S. for more than 6 months
• Refugee or asylee
• Special immigrant juvenile
• U or T Visa (visas for victims of crimes)
• Violence Against Women Act (VAWA) approved self-petition
• Relief under Cuban Adjustment Act (CAA), the Nicaraguan and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA)
• Afghan and Iraqi employees of U.S. armed forces
  

If you are NOT in one of the four groups, you may face the "public charge" test when you apply for a visa or green card.

For more information:

• Public Charge Dictionary
• Wisconsin Collaboration for Immigrants and Public Benefits Public Charge Page
• The Public Charge Rule and the Threat to Public Health
  
• Public Charge Expansion Proposed Rule: A Threat To Women Of Color
• “Public Charge” Rule: A Blatant Attack on Immigrants’ Rights with Severe Reproductive Health Consequences
• New “public charge” rule will put immigrants’ health at risk
• Media Statement - New Public Charge Rule Harms Immigrant Families and Puts Victims of Sexual Assault and Domestic Violence at Risk

If you are concerned about "public charge", talk  to someone who can help you look at all your options. Go to ailalawyer.com to find an immigration lawyer near you.