From Immigrant Legal Resource Center <[email protected]>
Subject Public Charge & Advising Permanent Residents at Time of Naturalization
Date September 30, 2020 5:34 PM
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Public Charge and Advising Permanent Residents at the Time of Naturalization
Practice Advisory

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This practice advisory provides an update on public charge for advocates providing naturalization legal assistance. The advisory briefly discusses the legal standard for assessing public charge and then discusses how to advise lawful permanent residents looking to naturalize. It covers issues related to the 2019 rule on public charge that the Department of Homeland Security (DHS) published in the Federal Register on August 14, 2019, and that became effective on February 24, 2020, interpreting a provision of the Immigration and Nationality Act (INA) pertaining to inadmissibility. Public charge only applies to certain individuals seeking admission into the United States or applying for adjustment of status. The eligibility requirements for naturalization do not include a public charge test and the legal use of government benefits and programs, including fee waivers, does not disqualify a permanent resident from naturalization. This advisory addresses how inadmissibility can affect lawful permanent residents who are now seeking to naturalize, and how to screen naturalization applicants for red flag issues.

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RELATED PRODUCTS:

Public Charge and Immigration Law - Updated Guide
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Public Charge Updates Webinar (10/06/20)
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LPRs and Public Charge Webinar (12/16/20)
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Immigrant Legal Resource Center
1458 Howard Street
San Francisco, CA 94103
(415) 255-9499
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