តើអ្វីទៅជាការទទួលខុសត្រូវសាធារណៈនិងពីរបៀបដែលច្បាប់ថ្មីនេះនឹងប៉ះពាល់ដល់ខ្ញុំ?

Are you applying for a US visa, an extension to a visa, a green card, or change of status? This page will help you understand the new public charge rule. It will tell you what has changed and how that change may affect you.

man sitting on steps
រូបថត: iStock

Public charge update – March 2020: USCIS says that healthcare for coronavirus is not a public charge.

If you need to use public benefits to get medical care for COVID-19 or other infectious diseases, it will be not be counted against you in your immigration application. You can read more details ជា​ភាសាអង់គ្លេសin Spanish.

Public charge update January 27, 2020: The Supreme Court says the public charge rule is allowed.

The United States Supreme Court lifted an injunction (a judge’s order) that stopped the government from applying the public charge rule to immigration applications. The rule is still blocked in Illinois, and it is being challenged in other courts.

What does this mean for immigrants and visa applicants?

ក្នុង​ពេល​ឥឡូវ, the public charge rule can be used in every state except Illinois. The public charge rule says that you may be denied a change of status, a green card, or an extension to your visa if you receive or have received public benefits or if officials think you will receive them in the future. For people overseas, the rule means you may not be allowed to come to the USA if officials believe you will rely on public benefits.

What important facts I should know about the public charge rule?

Here are some important things you should know:

• The public charge rule starts on February 24, 2020. Applications sent before that date will be judged by the old standards.

• The public charge rule does មិនមាន apply to refugees, asylees, or victims of trafficking, domestic violence and other serious crimes.

• The public charge rule does មិនមាន apply to green card holders (unless they leave the USA for over 180 days and then try to come back into the country).

• Most people applying for a visa, change of status, or green card do not qualify for the public benefits listed in the rule anyway.

• Immigration officials must look at all your circumstances when they decide if you are likely to become a public charge in the future. You have a right to show why you are unlikely to become a public charge. ឧទាហរណ៍, you can show your assets, your skills, your good health, and your employment record.

• Many benefits cannot be considered in the decision. WIC, CHIP, school lunches, food banks, shelters, and child care assistance are មិនមាន included. Health care programs used by children and pregnant women are មិនមាន included. សុខភាព, ការលំនៅដ្ឋាន, nutrition and other non-cash benefits provided by state and local governments are មិនមាន included.

• If you are or if you become a legal permanent resident (អ្នកកាន់កាតបៃតង), and then you use public benefits, it could make it harder to sponsor your other family members to come to the USA. This is because your family members will need to pass the public charge test, and so the government will look at sponsors to see if they can support new family members.

Read more details about your rights and the public charge rule from the Protecting Immigrant Families.

This information was prepared with thanks to Protecting Immigrant Families និង គ្លីនិច.

What happened before?

On August 12, 2019, the Department of Homeland Security announced that it is making a new rule. The rule was published on August 14 and was due to become law on October 15th.

Who or what is a public charge?

Many people in the USA get help from the government for basic needs. Public charge is the term used for a person who is receiving a lot of government help, which is sometimes calledpublic benefits.

What are public benefits?

ផលប្រយោជន៍សាធារណៈ are money and other help that is paid for using US taxes, or public money. These benefits can take many different forms. A public benefit can mean cash for low-income families. But it can also mean benefits that are not cash. Public benefits include SNAP (food stamps), housing vouchers or other housing assistance, and healthcare paid for by the government, such as Medicaid. They may cover long-term care, for example in a home for disabled or elderly people.

តើ “Inadmissibility on Public Charge Grounds” មានន័យថា?

Inadmissibility means not allowed. Grounds are reasons for something. So “Inadmissibility on Public Charge Grounds” means a person may not be allowed to come to the USA if there is reason to believe he or she will rely on public benefits. It also means people already in the USA may be denied a change of status, a green card, or an extension to their visa if they receive or have received public benefits or if officials think they will receive them in the future.

How has this changed with the new rule?

ក្នុង​អតីតកាល, “public charge inadmissibility” was based on cash benefits. ឥឡូវ​នេះ, inadmissibility will be based on non-cash public benefits, ផងដែរ, such as food stamps and other benefits listed above.

Some public benefits will មិនមាន be included in the new rule: ឧទាហរណ៍, school lunches, children’s health insurance, Head Start, emergency medical care and disaster relief will មិនមាន be included. អ្នកអាចអាន ដំណឹងពី USCIS អំពី ការផ្លាស់ប្តូរថ្មី.

Are any benefits allowed before a person is considered a public charge?

Some amount of public benefits are allowed. But you cannot receive more than 12 months total benefits in a 36-month period. Each benefit counts separately. So if you receive rental assistance as well as food stamps in the same month, that counts as two months of benefits.

What else affects the decision about whether someone is or will be a public charge?

DHS officers can look at other facts to decide (make a determination) about your case. Officers will consider your health and age. They also look at your education and income. If you have private health insurance, that will count in your favor. If you are unemployed, that will count against you.

Applicants filing for a change of status will be asked to make a declaration of self-sufficiency (Form I-944). This form says the applicant can support himself or herself without public benefits.

Who does the new rule apply to?

The new rule applies to non-US citizens who are applying to come to the USA. It also includes people already in the United States who apply to change their status or extend their stay. It may apply to you if you are listed on someone’s else benefits, even you are not getting benefits directly yourself.

Who does the rule មិនមាន អនុវត្ត​ទៅ?

The rule does not apply to US citizens or legal permanent residents (អ្នកកាន់កាតបៃតង). It does not apply to refugees, to asylees, and Afghanis and Iraqis with special immigrant visas.

The rule does not apply if your application is received by USCIS before October 15, 2019.

ស្វែង​យល់​បន្ថែម

ធនធានផ្សេងទៀត

ពនៅលើទំព័រនេះបានមកពី USCIS និងប្រភពជឿទុកចិត្តផ្សេងទៀត. វាត្រូវបានបម្រុងទុកសម្រាប់ការណែនាំនិងការធ្វើឱ្យទាន់សម័យបានញឹកញាប់តាមដែលអាចធ្វើ. USAHello មិនផ្តល់ដំបូន្មានផ្នែកច្បាប់, ឡើយណាមួយនៃសម្ភាររបស់យើងមានគោលបំណងដើម្បីត្រូវបានយកជាដំបូន្មានផ្នែកច្បាប់. ប្រសិនបើអ្នកកំពុងស្វែងរកមេធាវីឥតគិតថ្លៃឬតម្លៃទាបឬជំនួយផ្នែកច្បាប់, យើងអាចជួយអ្នក ស្វែងរកសេវាកម្មផ្នែកច្បាប់ដែលមានតម្លៃទាបដោយសេរីនិង.

សែ្វងរកជំនួយនៅជិតអ្នក

ប្រើ FindHello ដើម្បីស្វែងរកសេវានិងធនធាននៅក្នុងក្រុងរបស់អ្នក.

ចាប់ផ្តើមការស្វែងរករបស់អ្នក