What kind of benefits are considered in deciding whether someone is or is likely to become a public charge?
Not all publicly funded benefits are relevant to deciding whether someone is currently or is likely to become a public charge. USCIS guidance and proposed regulation clarify what kinds of benefits may and may not be considered in making a public charge determination. In order to decide whether an alien has become or is likely to become a public charge, USCIS or the State Department will consider whether the alien is likely to become primarily dependent on the government for subsistence as demonstrated by either (1) the receipt of public cash assistance for income maintenance purposes, or (2) institutionalization for long-term care at government expense (other than imprisonment for conviction of a crime). Short-term institutionalization for rehabilitation is not taken into account for public charge purposes. Public benefits considered to be public cash assistance for income maintenance include: (1) Supplemental Security Income (SSI); (2) Temporary Assistance for Needy Families (TANF), b
Related Questions
- Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
- Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
- Can an affidavit of support help an alien demonstrate to that he or she is not likely to become a public charge?
