If a lawful permanent resident has received public benefits and leaves the country, will USCIS stop him or her from returning on public charge grounds?
In general, a lawful permanent resident that has been outside the U.S. for 6 months or less is not screened for public charge purposes when he or she returns. This is because lawful permanent residents who leave for 6 months or less at a time are not considered applicants for admission when they return, and none of the grounds of inadmissibility, including public charge, apply to them. There are exceptions to this general rule if (1) the alien has abandoned his or her status as a lawful permanent resident; (2) the alien has engaged in certain illegal activity; (3) the alien was in removal proceedings before he or she left the country; or (4) the alien attempts to enter other than at a port of entry.
