What is public charge and how will the new rule affect me?

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.

US Dept of State sample US visa

On August 12, 2019, the Department of Homeland Security announced that it is making a new rule. The rule was published on August 14.

O que acontece em seguida?

The new rule is due to become law on October 15th, 2019. However the rule is being challenged. Many states and the District of Colombia have already filed lawsuits against the US government to block the new rule. The states say the rule is unlawful and unfair. We will update this page if there is more news about the lawsuits or any other news.

The rule will not apply to applications received before October 15. If you are planning to apply for an extension to a visa, a green card, or change of status, your application will not be affected if you make sure it is received by USCIS by October 15.

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 government help, which is sometimes calledpublic benefits.

What are public benefits?

Benefícios públicos 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 (vale-alimentação), 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.

O que faz “Inadmissibility on Public Charge Grounds” Quer dizer?

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?

No passado, “public charge inadmissibility” was based on cash benefits. Agora, inadmissibility will be based on non-cash public benefits, também, such as food stamps and other benefits listed above.

Some public benefits will Não be included in the new rule: por exemplo, school lunches, children’s health insurance, Headstart, emergency medical care and disaster relief will Não be included. You can read more details in this summary from CLINIC. Você também pode ler information from USCIS about the new changes.

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 Não apply to?

The rule does not apply to US citizens or legal permanent residents (titulares do cartão verde). 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.

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As informações nesta página vem de USCIS e outras fontes confiáveis. Destina-se para orientação e é atualizado tão frequentemente quanto possível. USAHello não dá conselhos legais, Nem são qualquer um dos nossos materiais destinados a ser tomado como aconselhamento jurídico. Se você estiver procurando por um advogado gratuito ou de baixo custo ou ajuda legal, Podemos ajudá-lo encontrar serviços jurídicos livre e de baixo custo.

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