Under U.S. immigration law, the “public charge” concept often raises questions among immigrants and their families. The term refers to an individual primarily dependent on the government for subsistence. Understanding who is subject to the public charge of inadmissibility and who is eligible for certain public benefits under the 2022 Final Rule is crucial for noncitizens navigating the path to lawful permanent residency or naturalization. This blog post explores these aspects in detail, clarifying eligibility for federal public benefits and the potential impact on naturalization.
Who Is Subject to the Public Charge Ground of Inadmissibility?
Under the 2022 Final Rule, the public charge inadmissibility determination is a prospective analysis considering the totality of an applicant’s circumstances. This means that no factor alone, except for an insufficient Affidavit of Support (when required), will determine inadmissibility due to public charge concerns.
The following are significant categories of noncitizens generally subject to this inadmissibility ground, alongside the federal public benefits they may be eligible for:
- Noncitizens paroled into the U.S. for over a year are eligible for Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and Medicaid for long-term institutionalization, with eligibility restrictions.
- Noncitizens granted withholding of removal: Same eligibility as above.
- Certain citizens from Micronesia, the Marshall Islands, or Palau are eligible for Medicaid for long-term institutionalization.
- Cuban and Haitian Entrants: Eligible for SSI, TANF, and Medicaid for long-term institutionalization, with specific exemptions.
- Lawfully present children, pregnant women, and postpartum women in selected states are eligible for Medicaid for long-term institutionalization and exempt from the public charge ground if they are also in an exempt immigration status.
- Noncitizen members of federally recognized Indian tribes are eligible for SSI and Medicaid for long-term institutionalization and are exempt from public charge considerations.
- Conditional entrants before April 1, 1980: Eligible for SSI, TANF, and Medicaid for long-term institutionalization, with SSI eligibility restrictions.
- Returning lawful permanent residents: Eligibility for SSI, TANF, and Medicaid depends on several factors, including work quarters and state-specific waiting periods.
It’s important to note that this table serves only as a background and should not be used to determine eligibility for public benefits.
Impact on Naturalization and Green Card Renewal
Receiving public benefits does not affect a lawful permanent resident’s (LPR) immigration status within the U.S. or their ability to renew their Green Card. LPRs are not subject to a public charge inadmissibility determination when applying for Green Card renewal. Furthermore, LPRs returning from trips abroad are generally not subject to public charge determinations, with some exceptions.
Family Members’ Benefit Use
Suppose a family member living in the adjustment applicant’s household uses public cash assistance. In that case, this does not count against the applicant’s immigration status or eligibility for immigration benefits under the 2022 Final Rule. Only benefits provided to the applicant, where they are a named beneficiary, are considered.
Naturalized Citizens
Receiving public benefits as a U.S. citizen does not affect the citizenship status of individuals who have naturalized or derived U.S. citizenship.
Public Benefits and the Path to Naturalization
Receipt of public benefits does not automatically deem an applicant likely to become a public charge. USCIS considers the totality of circumstances, including statutory minimum factors such as age, health, family status, and financial status. Benefits received while in a category exempt from the public charge ground (e.g., asylees or refugees) are not considered in subsequent public charge determinations when applying for adjustment of status.
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