The Implications of Becoming a Public Charge

When it comes to immigration, one of the major concerns of the United States government is whether or not an immigrant will become a public charge. A public charge is anyone who relies on the government for any form of income, including healthcare, welfare, and cash assistance. Because of this, sponsors are required to sign a contract which may leave them responsible for reimbursing any benefits paid.

Unfortunately, benefits that constitute public charge status aren’t cut and dry. Your immigration lawyer can work with you to help determine whether or not there is a likelihood that a family member you’re sponsoring is likely to become a public charge.

Questionable Public Charge Benefits

Food stamps provide the perfect example of a benefit that may seem to place an immigrant in public charge status, but actually doesn’t. Food stamps aren’t meant to provide income maintenance. Instead, they’re provided for the specific purpose of providing adequate nutrition to those who can’t afford it. This is a subtle, yet distinct difference, and a perfect example of why you should consult with an immigration lawyer if you’re unsure of whether or not a family member may become a public charge.

Another example is Medicaid. It is not considered a form of income maintenance, except in circumstances where long-term care is needed (such as with long term mental care, or residence in a nursing home). It may not be apparent at the time of application that such a benefit will be needed, making it even more difficult to avoid becoming a public charge.

In general, health care benefits, food programs, child care programs, disaster relief, and job training will not fall under this category. Again, the matter is easily complicated, and it’s important that you consult with an immigration lawyer to be sure.

Benefits to Be Avoided

While there are a number of benefits that may be accepted without becoming a public charge, the following are to be avoided under all circumstances:

1.       Any cash assistance programs (including temporary assistance for needy families (TANF)).

2.       Supplemental Security Insurance (SSI)

3.       Healthcare requiring institutionalization (nursing homes, mental health facilities)

Applying for these benefits will, almost undoubtedly, result in deportation, as the immigrant will be seen as a public charge. Because it can be rather confusing as to which benefits are acceptable and which are not, it’s always important that you consult with your immigration lawyer before submitting any documents requesting any form of public assistance.

Applying for Unauthorized Benefits Could Prevent Citizenship from Being Granted

An immigration lawyer can work to prevent deportation as a result of applying for benefits which cause an immigrant to be seen as a public charge. However, doing so decreases the immigrant’s chances of being granted permanent residency or becoming a naturalized citizen.

It’s best for immigrants to avoid public welfare services unless absolutely necessary. If a situation arises where you or a sponsored family member needs to utilize these services, it’s important that you contact your immigration lawyer before officially submitting any paperwork.