Who decides whether an alien must repay a public benefit he or she has received in the past?
The requirements and procedures concerning any demand for repayment of a public benefit are governed by the specific program rules established by law and administered by the benefit granting agencies, or by state and local governments, not by USCIS or the State Department. The public charge rules in the immigration law do not change these program requirements. Q: If a member of an alien’s family is receiving or has received public benefits, but the individual alien has not, will USCIS or the State Department hold this against the alien for public charge purposes? A: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying for admission or for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the alien were reliant on their family member’s cash public benefits as his/her sole means of support. In particular, a
