What is a Public Charge?

Because of the various complexities of U.S. immigration law, it is crucial that you, as a foreign national traveling to the United States, understand the many eligibility requirements and verbiage used. You may have heard the term “public charge,” but what exactly does it mean, and how can it impact your immigration journey? For more information and to secure the help of an experienced legal professional, reach out to a skilled New York City immigration lawyer at the Law Offices of Cheryl R. David today.

What is a Public Charge?

Put simply, a public charge refers to an individual who is or is likely to become dependent on the government for financial support. This term applies to non-citizens who wish to travel to the United States, but because of their financial situation, may not be able to support themselves during their stay.

When determining whether an individual is likely to become a public charge, immigration officers consider a variety of factors that could indicate the person’s financial status and whether they may rely on public assistance in the future. Some important factors include the individual’s age, income, education, skills, health, family situation, and more.

Not every government benefit will be considered for the public charge test to determine whether an individual will become reliant on the government. Pertinent programs include cash assistance for income, such as Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF), as well as long-term care, such as government-funded institutions. However, non-cash benefits like SNAP (Supplemental Nutrition Assistance Program), housing assistance, disaster relief, etc., are not considered.

What Happens if You Are Considered a Public Charge?

Being a public charge is a ground for inadmissibility, per the Immigration and Nationality Act. Section 212(a)(4)(A) states that “Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.”

The point of the public charge rule is to protect the United States from admitting individuals who may become dependent on public resources as opposed to contributing to the economy or society. If you are deemed a public charge, it can negatively affect your ability to enter or remain in the United States, adjust your status, etc. It will not automatically disqualify you from getting a visa or other status approved, but it could make an official more likely to deny your application.

If you have questions or concerns about the immigration process, it is imperative that you consult with a knowledgeable attorney. Reach out to a skilled lawyer at the Law Offices of Cheryl R. David to set up a consultation today.