What is a “public charge” and how will it affect my ability to become a legal permanent resident?
Any undocumented person who is or is likely to be dependent on the government for cash support or long-term care is considered a “public charge”. Under the law, an undocumented person seeking admission or adjustment of status for permanent residency is inadmissible if the alien is likely to become a public charge. Some examples of a public charge are cash public assistance for income maintenance (e.g. SSI, TANF) or long-term institutionalization care at government expense ( e.g., Medical, nursing home or mental institution) Although the public charge laws affect most immigrants in the country there are some immigrants including Amerasians, Cubans under the Cuban Adjustment Act, Nicaraguans under the Nicaraguan Adjustment and Central American Relief Act, Haitians under the Haitian Refugee Immigration Fairness Act and applicants under the INA 249. To find out if you would be considered a public charge for immigration purposes please see an immigration attorney.
