“PUBLIC CHARGE”WHAT YOU SHOULD KNOW AND DO

ABOUT YOUR PUBLIC BENEFITS

What is a Public Charge

test?

A test that decides whether someone is likely to become primarily dependent on the government to support him/herself.

The public charge rule makes people afraid to use public benefits, even if it has no impact on their immigration case.

Will obtaining public benefits affect my immigration status or options?

Can I be deported?

FREQUENTLY ASKED QUESTIONS

A - pply

To be evaluated - first the rule has to APPLY to you

Public Charge Does not Apply:

Renewal of your permanent residence card

(Green Card)

Naturalization (Citizenship)

Permanent legal residents (180-day rule)

DACA Renewals

TPS Renewals

Does NOT Apply To:

• Refugees

• Asylees

• SIJS Applicants

• T Visa Applicants

• U Visa Applicants

• VAWA Petitions

• TPS

• Current permanent residents (180 Days!)

Public Charge Test Applies:

When applying to enter the United States

When you apply to become a legal permanent resident (LPR) -usually through a family member

B - enefit

• Is the BENEFIT considered a public charge?

REMEMBER:

The use of benefits by relatives does NOT count*!• Citizen/LPR Children

• Undocumented Partner

Only the benefits that the immigrant is using!

*(unless it’s the family’s main income)

Benefits that DO NOT count:• SNAP/CalFresh

• Medi-Cal, CHIP

• Emergency aid, natural disaster assistance

• WIC

• School meals

• Public health services

• Education, Head Start

• Earned Benefits : Unemployment, retirement benefits, workers' compensation, tax credits.

Benefits that are part of the PROPOSAL :

• SNAP (CalFresh)

• Housing Section 8/Federal housing subsidies

• Federal subsidy to pay for Medicare Part D

• Medi-Cal (Non-Emergency)

SEE A LIBRE ATTORNEY BEFORE CANCELING YOUR BENEFITS!

What do the proposed

benefits mean?

• New definition to the current test

• It mainly affects people of low and moderate income.

• Adds public benefits mentioned, but NOT retroactive

Nothing has changedyet!

NO advantage in canceling the enrollment of your benefits at this time

What happens if the law changes?

Keep Calm 60 Day Rule The Rule is NOT Retroactive

Benefits that DO count (Currently):

• Cash Assistance Programs• CalWORKs

• SSI/CAPI

• General Assistance

(received by the immigrant unless family’smain income)

• Long-term care paid by Medi-Cal

C-hange

• CHANGE of legal status in the near future?

• Examples:

• Will I sponsor a family member outside the United States?

• Is a relative going to petition for my residence?

Will this affect my

immigration status or options?

Remember your ABCs

Applicable to my status?

ABenefits I use fall under the current public charge or the proposal?

BChanging legal status soon? Contact a LAWYER!

C

REMEMBER…

ChangingLegal Status Soon?

There is stillhope!

Review yourcase with an

attorney

Family basedpetition

Consular Processing

The process for those who did not enter the United States legally must (generally) receive their green card at a consulate outside the United States and then re-enter.

Totality of theCircumstances

Age

Health

Assests

Resources

Financial State

Education and Skills

Declaration of Support

What is anAffidavit of

Support?

• Binding contract in which sponsor promises to financial support the applicant so that s/he does not depend on the government

• Can be the petitioner or another person

• Required when applying for legal permanent resident status through a family member

Federal Poverty Level

Figures

Size of the sponsor's home

100% of HHS* poverty figures

125% of HHS*poverty figures

For active duty sponsors in the armed forces of the US who apply

for their spouse or child

For all other sponsors

2 $16,460 $20,575

3 $20,780 $25,975

4 $25, 100 $31,375

5 $29,420 $36,775

6 $33,740 $42,175

7 $38,060 $47,575

8 $42,380 $52, 975

Add $ 4,320 for each additional person

Add $ 5,400 for each additional person

Highly considered factors:

Positive Factors:

Income and assets of at least 250% of the FPL

Negative Factors

Receipt of benefits in the last 36 months

Disability without private insurance

Inability to work and more

Why talk to a lawyer?

• To work on a plan!

• Who is sponsoring?

• Joint sponsor

• Income and Assets

• Totality of circumstances

• Avoid FRAUD!

• Dangers of public notaries

• Cost / Risk (low bonus options, reputation, public notaries can also be expensive!)

• Very important before leaving the United States for consular processing

Remember:

Remain Calm! 60 Day Rule The Rule is NOT Retroactive

• Talk to a LIBRE lawyer before canceling your benefits!• Talk to an immigration lawyer before submitting an application to USCIS

Contact information:

LIBRE: Vanessa Hearne o Rocio Garcia (650) 517-8936

Nuestra Casa: Iliana Garcia(650)-330-7434

Questions?