INS RELEASES “QUICK GUIDE TO PUBLIC CHARGE”

In 1996 Congress greatly expanded the definition of “public charge.”  Because being labeled a public charge can make a person ineligible for immigration to the US, many people became afraid to accept public benefits, even when they remained eligible for them.  Since then advocacy groups and the INS have been trying to clarify which public benefits a person can accept without being labeled a public charge.  This latest memo is one more step in that direction.

Use of healthcare benefits (Medicaid, Children’s Health Insurance Program, prenatal care, free and low cost healthcare provided by clinics) will not cause a person to be considered a public charge.  Food programs, such as food stamps, the Special Supplemental Nutrition Program for Women, Infants and Children, and school lunches, will not cause a person to be labeled a public charge, nor will use of other non-cash programs such as housing assistance and job training.

Receipt of cash welfare, such as Supplemental Security Income and Temporary Assistance for Needy Families will be considered in determining whether a person is eligible for a green card. 

People who are already permanent residents cannot lose that status for use of any public assistance, except in limited circumstances.  For example, permanent residents who leave the US for more than six months may be questioned about whether they are a public charge, and their use of public assistance may be considered.  Also, in rare cases, a permanent resident who uses public assistance within their first five years in the US for a condition that existed before their entry may be considered a public charge. 

The public charge rules do not apply to refugees and people granted asylum.

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