Certain Amerasian entrants are eligible to receive public benefits under welfare reform. If they receive such benefits, will they be considered public charges?
Amerasian entrants are admitted to the U.S. as lawful permanent residents (LPRs), and they are exempt from the public charge inadmissibility at their initial admission. In most cases, the issue of public charge will never come up again, unless the alien leaves the U.S. for more than 6 months and seeks readmission. At that time, the exemption from public charge screening would no longer apply and the alien would be treated like any other LPR under the “totality of the circumstances” test. Q: If an alien has been in the U.S. since January 1, 1972, and wants to become a lawful permanent resident under the “registry” provision of the Immigration and Nationality Act, section 249, is there a public charge test? A: No. Public charge is not a factor for “registry” aliens under section 249. Q: Is it improper for an immigration or consular officer to ask non-citizens at an airport or in an interview whether they have received public benefits in the past, or whether someone in their family has? A
