“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?