Hi.
This is Attorney Mustafa Cetin.
Today I will talk to you about how government benefits would affect your green card application.
This is a very hot topic.
I said application because Public Charge do not apply to green card holders.
That's right.
All you green card holders out there, please keep using benefits like Medicaid, Food Stamps
and Social Security.
This rule doesn't apply to you.
And those in asylee status, please take advantage of temporary benefits like cash assistance
and health insurance.
You need those, and these funds are already set aside for you.
Please use them, you have nothing to be afraid of.
Public Charge doesn't apply to you either.
Now, proposed amendment is about the criteria of Public Charge inadmissibility ground.
According to the proposed rule if those who are in non-immigrant status obtains government
benefits like Medicaid, Food Stamps and Social Security, they might be determined to be a
Public Charge and their green card applications could be rejected.
This rule doesn't apply to those who obtain government benefits when they have a pending
asylum application.
But you must later get your green card by adjusting from asylee status.
Getting a green card by adjusting from asylee or refugee status is an exception to this
rule.
However, if you have a pending asylum application but later get a green card through another
method like employment, family or lottery,
Then this would apply to you.
This rule applies to those who get benefits in a non-immigrant status like B, H and F.
Scope of those affected is very limited anyways.
That's because Congress says if you are not in permanent status, you can't take advantage of main
benefits like Medicaid, Food Stamps and Social Security.
Ok so how can you show that you will not be a Public charge even if you at some point
got benefits?
Let's not forget that when officers determine whether an applicant is likely to be a public
charge or not, government benefits is not the only thing they look at.
There are many factors like age, health and income level.
For instance having a family income level above %200 of Federal Poverty Level is a significant
positive factor for this determination.
This figure is around $50,000 for a family of 4.
So even if you obtained government benefits in a non-immigrant status,
if your tax returns are above a certain level
if you don't have a chronic illness
probably you will not be determined as a public charge when you apply for green card.
Thank you for listening to me!
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