In the United States immigration process, the term “public charge“It is of significant importance that It can be decisive in the granting of visas and permanent residence, also known as a green card.. This concept refers to the likelihood that an immigration applicant will depend on public assistance from the government.
The reason behind this consideration is the belief that those immigrants who represent a public charge are less likely to succeed in their lives in the United States. As a result, The government can deny them a visa or green card.
According to the United States Citizenship and Immigration Services (USCIS), Public charge is evaluated using various factors that analyze the applicant’s situation. These include the applicant’s age and health, educational level and work skills, work history, income level, and immigration status.
Applicants who are older or have chronic health problems are considered more likely to rely on public assistance, for example. Similarly, those with low income or limited work history may also be perceived as a public charge.
However, applicants are not defenseless in the face of this assessment. They have the opportunity to present evidence to show that they do not represent a public charge. These may include evidence of sufficient income to support themselves and their families, private health insurance, savings or investments, or even a job offer or letter of sponsorship from a family member.
Applicants may present evidence that they will not pose a public charge to the United States.
‘Public charge’ rules tightened in 2023 in the United States
In 2023, The US government took steps to tighten rules related to public charge, increasing the likelihood that applicants will be considered as such. However, there are exceptions to the public charge rule. Asylums and refugees, some immigrants of Asian-American origin, Afghan and Iraqi interpreters, as well as certain groups such as Haitians adjusting their status and beneficiaries of specific programs, are exempt from this consideration.
The public charge determination process involves the evaluation of factors such as the applicant’s age, health, family situation, financial resources, and education. A sufficient Affidavit of Support is positively encouraged. This document, also known as Form I-864, guarantees that the sponsor of an immigration applicant will provide financial support to the applicant for a period of 10 years.
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The new rules also specify the public benefits that are considered when making this decision. These include cash assistance for income maintenance, such as Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF), as well as long-term institutionalization at government expense.
It is important for applicants to understand which benefits are taken into account and which are not. For example, nutrition programs, Covid-19 related health assistance, educational programs and other non-monetary benefits are excluded.
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