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Frequently asked questions
Below are answers to some of the most frequently asked questions by people who are worried about recent changes in immigration laws.
FAQ:
Now, instead of assessing whether an applicant is likely to become primarily dependent on the government for income support, the new rule defines a public charge as a person who is likely to receive any number of public benefits for more than an aggregate of 12 months over any 36-month period of time.
Will the new public charge rule apply to immigrant visa applicants? The new DHS rule affects only adjustment of status applicants and other DHS determinations of public charge. It does not affect decisions by the Department of State (DOS)
On August 12, 2019, U.S. Citizenship and Immigration Services (USCIS) formally announced a new rule restricting poorer immigrants from attaining Lawful Permanent Resident status, popularly known as a Green Card. … The term “public charge” appears in the Immigration and Nationality Act, but is not defined by the law
In 2016, 1.2 million individuals obtained LPR status, including over half a million who were already present in the U.S. Some immigrants, including refugees and asylees and other humanitarian immigrants, remain exempt from public charge determinations under law
Some noncitizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.
For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.
The short answer is that, as long as you received the public benefits lawfully (without using fraud, for example), it will not hurt or affect your eligibility for naturalization in any way. The main reason is that you do not have to show that you are “admissible” to become a naturalized U.S. citizen.
Lawful permanent residents (people with green cards) are not subject to a public charge test when they apply for U.S. citizenship. Use of public benefits will not automatically make you a public charge.
The physical green card must be renewed every 10 years (similar to a driver’s license), but the individual’s status is permanent. Having your green card revoked is actually quite difficult but not impossible. A green card may be revoked based on numerous grounds including: fraud, criminal activity and/or abandonment.
There are six major U.S. welfare programs. They are the Temporary Assistance for Needy Families (TANF), Medicaid, Supplemental Nutrition Assistance Programs (SNAP or “food stamps”), Supplemental Security Income (SSI), Earned Income Tax Credit (EITC), and housing assistance.
The public charge grounds of inadmissibility have been part of U.S. immigration law since the late 1800s. Throughout that time, a person has been considered a “public charge,” for immigration purposes, if the person was primarily dependent on the government for subsistence.
USCIS has specifically indicated that unemployment insurance benefits paid to a noncitizen worker are not subject to public charge consideration. … After this period, the federal government pays for the cost of the unemployment insurance up to a certain maximum number of weeks.
I am an undocumented immigrant; can I qualify for any benefits? You are not eligible for most benefits. You are only eligible for Women, Infants, and Children (WIC) and Emergency Medicaid.
Under the DHS rule, WIC is not included in public charge determinations. 1. … Public charge is an element of immigration law that historically allowed federal authorities to deny legal status to individuals who are determined to be primarily dependent on the government for subsistence.
Immigrants and Medicaid & CHIP. … In order to get Medicaid and CHIP coverage, many qualified non-citizens (such as many LPRs or green card holders) have a 5-year waiting period. This means they must wait 5 years after receiving “qualified” immigration status before they can get Medicaid and CHIP coverage.
No. Student financial aid is NOT considered as part of the “public charge” category. Medicaid, food stamps, public housing, welfare are examples of “means tested” public charge benefits…
Some immigrants are exempted by law from the public charge test. … And lawful permanent residents (green card–holders) are not subject to the public charge test when they apply for U.S. citizenship.
Changes to legal immigration
The RAISE Act seeks to reduce levels of legal immigration to the United States by 50% by halving the number of green cards issued. The bill would also impose a cap of 50,000 refugee admissions a year and would end the visa diversity lottery.
It will not hurt your chances of getting a Green Card if you, your children, or other family members lawfully use benefits that are not cash, such as: Health care assistance, such as Medicaid – HUSKY A, B, C or D, or other free or low-cost medical care.
A divorce may make it harder to become a permanent resident, but it is still possible. … If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not change your status. However, the divorce may force you to wait longer to apply for naturalization.
Only U.S. citizens and certain lawfully-present non–citizens may receive SNAP benefits. Non–citizens who are eligible based on their immigration status must also meet other SNAP eligibility requirements such as income and resource limits.
FREQUENTLY ASKED QUESTIONS ABOUT NIGERIA TRAVEL BAN:
President Trump added Nigeria to the travel ban on January 31, 2020. The ban means that, Nigerians will not be able to apply for immigrant visas effective February 21, 2020 This ban affect people who want to come to the U.S under family-based visas and employment-based visas. This ban, however, does not apply to people applying for a nonimmigrant visa like F-1, B-1/B-2, or H-IB. In addition, it will not affect people who are permanent residents of the U.S or people with dual nationals of a non-restricted country. Fortunately, people who have already secured a valid immigrant visas are not affected.
President Trump did not indicate how long this ban is going to stay so it is indefinite. However, it is likely to be removed if Nigeria is able to comply with U.S request. President Buhari has taken the ban very seriously so it is most likely that he will work very diligently to remove Nigeria from the list.
There is no clear answer to this question, however, based on past practice, it can be inferred that USCIS would continue to adjudicate 1-130 and 1-140 petitions that are already in the system and even new applications. If USCIS approves a petition and a visa is available, USCIS will not issue a visa until the ban is lifted.
Yes, for example, people who have worked at an American embassy for a long period of time or assisting the American military are not part of the ban. Also, refugees and asylum beneficiaries or withholding of removal are not banned.
Yes, there is a discretionary waiver clause in the ban. To get a waiver, an individual must prove he/she will suffer exceptional hardship if denied entry, and that the entry would not pose a security threat to the U.S or public safety and would be in the U.S. national interest.
Fortunately the answer is a big YES. Nevertheless, people with an approved I-130 and I-140 and attempting re-entry or attempting entry in a strictly nonimmigrant status and then filing Form I-1485 may have serious negative implications.
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