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发帖数: 43471 | 1 https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet
Public Charge Fact Sheet
Released April 29, 2011
Introduction
Public charge has been part of U.S. immigration law for more than 100 years
as a ground of inadmissibility and deportation. An individual who is likely
at any time to become a public charge is inadmissible to the United States
and ineligible to become a legal permanent resident. However, receiving
public benefits does not automatically make an individual a public charge.
This fact sheet provides information about public charge determinations to
help noncitizens make informed choices about whether to apply for certain
public benefits.
Background
Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an
individual seeking admission to the United States or seeking to adjust
status to permanent resident (obtaining a green card) is inadmissible if the
individual "at the time of application for admission or adjustment of
status, is likely at any time to become a public charge." If an individual
is inadmissible, admission to the United States or adjustment of status will
not be granted.
Immigration and welfare laws have generated some concern about whether a
noncitizen may face adverse immigration consequences for having received
federal, state, or local public benefits. Some noncitizens and their
families are eligible for public benefits – including disaster relief,
treatment of communicable diseases, immunizations, and children’s nutrition
and health care programs – without being found to be a public charge.
Definition of Public Charge
In determining inadmissibility, USCIS defines “public charge”as an
individual who is likely to become “primarily dependent on the government
for subsistence, as demonstrated by either the receipt of public cash
assistance for income maintenance, or institutionalization for long-term
care at government expense.” See “Field Guidance on Deportability and
Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). In
determining whether an alien meets this definition for public charge
inadmissibility, a number of factors are considered, including age, health,
family status, assets, resources, financial status, education, and skills.
No single factor, other than the lack of an affidavit of support, if
required, will determine whether an individual is a public charge.
Benefits Subject to Public Charge Consideration
USCIS guidance specifies that cash assistance for income maintenance
includes Supplemental Security Income (SSI), cash assistance from the
Temporary Assistance for Needy Families (TANF) program and state or local
cash assistance programs for income maintenance, often called “general
assistance” programs. Acceptance of these forms of public cash assistance
could make a noncitizen inadmissible as a public charge if all other
criteria are met. However, the mere receipt of these benefits does not
automatically make an individual inadmissible, ineligible to adjust status
to lawful permanent resident, or deportable on public charge grounds. See “
Field Guidance on Deportability and Inadmissibility on Public Charge Grounds
,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case
basis in the context of the totality of the circumstances.
In addition, public assistance, including Medicaid, that is used to support
aliens who reside in an institution for long-term care – such as a nursing
home or mental health institution – may also be considered as an adverse
factor in the totality of the circumstances for purposes of public charge
determinations. Short-term institutionalization for rehabilitation is not
subject to public charge consideration.
Benefits Not Subject to Public Charge Consideration
Under the agency guidance, non-cash benefits and special-purpose cash
benefits that are not intended for income maintenance are not subject to
public charge consideration. Such benefits include:
Medicaid and other health insurance and health services (including public
assistance for immunizations and for testing and treatment of symptoms of
communicable diseases, use of health clinics, short-term rehabilitation
services, prenatal care and emergency medical services) other than support
for long-term institutional care
Children's Health Insurance Program (CHIP)
Nutrition programs, including the Supplemental Nutrition Assistance Program
(SNAP)- commonly referred to as Food Stamps, the Special Supplemental
Nutrition Program for Women, Infants and Children (WIC), the National School
Lunch and School Breakfast Program, and other supplementary and emergency
food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (
LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits
under the Head Start Act and aid for elementary, secondary or higher
education
Job training programs
In-kind, community-based programs, services or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term shelter)
Non-cash benefits under TANF such as subsidized child care or transit
subsidies
Cash payments that have been earned, such as Title II Social Security
benefits, government pensions, and veterans' benefits, and other forms of
earned benefits
Unemployment compensation
Some of the above programs may provide cash benefits, such as energy
assistance, transportation or child care benefits provided under TANF or the
Child Care Development Block Grant (CCDBG), and one-time emergency payments
under TANF. Since the purpose of such benefits is not for income
maintenance, but rather to avoid the need for ongoing cash assistance for
income maintenance, they are not subject to public charge consideration.
Note: In general, lawful permanent residents who currently possess a "green
card" cannot be denied U.S. citizenship for lawfully receiving any public
benefits for which they are eligible. | A***g
发帖数: 1816 | 2 几个左派是借着什么由头开始这个题目的撒谎的？他们的谎言真多，我都不记得每个的
来源了 | R****x
发帖数: 622 | | l*****o
发帖数: 19235 | 4 你可真闲，这么明显的造谣根本就不值得反驳。应该给他们机会上蹿下跳，当看耍猴就
好 | n******5
发帖数: 1990 | 5 挺 reasonable 的。
也没特别harsh。 | s*******u
发帖数: 2249 | |
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