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Will Utilizing Governmental Assistance Render Me A "Public Charge?" 

The term public charge has been a part of immigration law for over 100 years. Generally speaking, a public charge is an immigrant who is likely to become primarily dependent on the government for subsistence. Persons determined to be a public charge will have difficulty obtaining permanent residency and / or adjustment of their visa. The consequences of receiving government assistance vary according to a person's status in the country. Below is a general summary:

• Nonimmigrants applying for lawful permanent residency (green card)

A nonimmigrant applying for a lawful permanent residency may accept certain benefits that will not render them a public charge. In general, this includes most governmental programs that do not give cash as the benefit. Healthcare services such as Medicaid, the Children's Health Insurance Program (CHIP), and other low or reduced cost medical services will not render a nonimmigrant a public charge. Furthermore, programs that provide food or nutrition benefits will not be considered in a public charge determination. These programs include food stamps, the WIC program, and any free or reduced cost lunch program at a public school. Finally, any other governmental program that does not supply cash as a benefit (e.g., free job training, FEMA related assistance, low cost heating oil, etc.) will likely not be considered in a public charge determination.

Governmental benefits that give cash are taken into account in any public charge determination. Most state welfare programs such as the SSI program will be considered in determining if someone is a public charge. Any long term hospital care or institutionalization will also be considered. This situation arises when an individual is residing at a mental health facility or nursing home at the government's expense.

It is important to note that government will not usually consider any cash benefits received by a nonimmigrant's family when making a determination as to an individual. If the cash benefits received by the nonimmigrant's family are the only means of a support the family receives, the benefits can be considered against the individual.

• Those who are lawful permanent residents.

Those who have already obtained a green card cannot lose their status (have their permanent residency revoked) if they, their children, or other family members use governmental assistance. A person with a green card may use any of the above benefits (including cash benefits such as SSI) without losing their status. It is important to know that any lawful permanent residence who leaves the country for more than 6 months may subject themselves to a public charge determination upon their return to the country. Although rare, a lawful permanent resident who uses cash benefits (SSI, welfare) within their first 5 years in the United States for reasons that existed before their entry to the country could be deported as a public charge. 

• Refugees and persons granted asylum

Refugees and persons granted asylum are able to utilize any public benefits (including cash benefits such as welfare or long term care) without being determined a public charge. Additionally, receiving these benefits does not affect the person's chances of obtaining lawful permanent residency (green card).

• List of benefits that are not subject to public charge consideration

Though not exhaustive, the following are non-cash benefits that the INS recognizes and does not consider:

• Medicaid,
• Children's Health Insurance Program (CHIP),
• Food Stamps,
• the Special Supplemental Nutrition Program for Women, Infants and Children (WIC),
• immunizations,
• prenatal care,
• testing and treatment of communicable diseases,
• emergency medical assistance,
• emergency disaster relief,
• nutrition programs,
• housing assistance,
• energy assistance,
• child care services,
• foster care and adoption assistance,
• transportation vouchers,
• educational assistance,
• job training programs,
• non-cash benefits funded under the TANF program.

The experienced and skilled immigration lawyers at Shihab & Associates Co., LPA are fully prepared to help you address any questions a person may have regarding immigration to the United States. If you have questions regarding public benefits and immigration, be sure to contact the immigration attorneys at Shihab & Associates. We can help along every step of the way to ensure that the immigration process goes smoothly.