Last week, the Trump administration published their final public charge rule, which if implemented may affect individuals seeking permanent resident status in the United States. This policy is designed to be confusing and cause fear, and it is important to stay informed, remain calm, and know your rights.
CHANGES TO THE PUBLIC CHARGE POLICY
Immigration officials uses the “public charge test” to decide whether a person can enter the U.S. or get a green card (Lawful Permanent Resident (LPR) status). The officials look at all of a person’s circumstances, including income, employment, health, education, skills as well as English proficiency, and family situation. Officials can also look at whether a person has used specific public benefits.
Under the new public charge test, immigration officials will look more closely at these circumstances to see if a person would be considered a “public charge”. Programs considered as part of the new public charge test are:
- Supplemental Nutrition Assistance Program (SNAP, “EBT” or “Food Stamps”)
- Federal Public Housing and Section 8 assistance
- Medicaid (except for emergency services, children under 21 years, pregnant women, and new mothers)
- Cash assistance programs (like SSI, TANF, General Assistance)
Services that are not listed above will not be counted in the new public charge test. WIC, CHIP, school lunches, food banks, shelters, disaster relief, emergency medical assistance and any other benefit not specifically listed in the proposed rule are safe to use if you are eligible.
REMEMBER
- Use of public benefits alone will not make you a public charge. We encourage you to learn more about your situation before making decisions that may harm you or your family.
- Every situation is different. Please consult with an immigration attorney if you have questions about your own case.
TAKE ACTIONS
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