INS Sets Forth Clear Policy on "Public Charge" Rules
Posted Aug 28, 1999

The Immigration and Nationality Act makes inadmissible for permanent resident status, a person who is, or who is considered likely to become, a "public charge." Additionally, a non-citizen who becomes a public charge within five years of entry as a permanent resident, for reasons not shown to have arisen since entry, is deportable/removable. We at The Law Office of Sheela Murthy. P.C. have been consulted, from time to time, in regard to the types of government assistance which could adversely affect the immigration process for those who are undergoing the adjustment of status or the naturalization process. Unfortunately, a lack of clear rules by the INS, until recently, as to what type of benefits programs will affect a person's immigration or naturalization eligibility, has led to much confusion, and even hardship in some cases.

INS has now issued a rule stating clearly what types of government benefit programs will, and will not, affect one's immigration status or eligibility for certain benefits. The INS rule makes clear that use of non-cash assistance programs such as state or federal medical assistance, health insurance programs or other health services (with the exception of using Medicaid for long-term institutional care) do not affect immigration eligibility. Similarly, food and nutrition programs such as food stamps or WIC, as well as housing programs will not affect one's status. If the immigrant's family members (i.e. not the immigrant himself or herself) use cash income benefits, that will also not affect the immigrant's status unless those benefits are the family's sole support.

Programs which may affect one's immigration status or eligibility, depending upon the circumstances, are cash assistance programs such as SSI, TANF (formerly known as AFDC) or general assistance. The INS policy includes detailed guidance enabling applicants, practitioners and government officials to determine whether the public charge ground for inadmissibility or removal applies in a particular case.