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- Understanding the Importance of Tenancy by the Entirety in Indiana for Homeowners
- Understanding the Importance of Tenancy by the Entirety in Indiana for Homeowners
- Upgrading a Pending NIW to Premium Processing: A Step-by-Step Guide
- National Interest Waiver: Advanced Degree Requirement and Relevant Documentation
- Self Petition for L1 Visa of Sole Proprietorship
- L1 Visa – US Intra Company Transferee Visa
- Waiver of Inadmissibility : Extreme Hardship Standards
- Importance of have a Will prepared from an Immigrant’s perspective
- Employment-Based Green Card Priority Date Retrogression
- The Importance of Time Frame in National Interest Waiver Applications
- Update on DED for Hong Kong as of May 3, 2023
- H1b and NIW Application
- What is extreme hardship waiver?
- List of TPS designated countries currently open to registration as of April 2023
- Removal of 60 days rule for I-693 (Medical Examination Report)
- Temporary Increasing of EAD automatic extension for 540 days
- Retrogression of Priority Dates
- Parole Program for International Entrepreneur
- Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
- Residence Abroad Requirement for F1 and M1 visa application
- Is it alright to receive Covid-19 benefits in terms of Public Charge?
- What is good and bad under the new Public Charge Rule
- CDC Requirements for Immigrant Medical Examinations
- Categories allowed for automatic extension of 180 days for EAD
- Don’t want to deal with PERM? Let’s talk about NIW Green Card!
What is good and bad under the new Public Charge Rule
June 8, 2022
Here is the excerpts from USCIS website in pertinent to new
Public Charge Rules. This tells you what benefits are allowable
and not-allowable under the new rule. Actually, it is rather
returning to the old rule in 1999 than a new law.
Q7: Which public benefits does USCIS consider when determining
whether an applicant is inadmissible under the public charge
ground?
A7: Under the 1999 Interim Field Guidance (PDF), we consider a
noncitizen’s past, current, or future receipt of public cash
assistance for income maintenance. Public cash assistance for
income maintenance includes:
Supplemental Security Income (SSI);
Cash assistance under the Temporary Assistance for Needy
Families (TANF) program; and State and local cash assistance
programs that provide benefits for income maintenance (often
called ‘‘General Assistance’’ programs). We also consider
institutionalization for long-term care at government expense,
such as in a nursing home or mental health institution.
Q8: What public benefit programs does USCIS not consider?
A8: Generally, we do not consider noncash benefits in making
public charge determinations. The only noncash benefit we
consider is institutionalization for long-term care at
government expense. We also do not consider special-purpose cash
assistance not intended for income maintenance.
Common examples of noncash benefits include:
- Medicaid and other health insurance and health services (other than support for long term institutional care), including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; health clinics; short-term rehabilitation services; and emergency medical services;
- The Children’s Health Insurance Program;
- Nutrition programs, including food stamps; the Special Supplemental Nutrition Program for Women, Infants and Children; the National School Lunch and School Breakfast Program; and other supplementary and emergency food assistance programs;
- Housing benefits;
- Energy assistance, such as the Low Income Home Energy Assistance Program;
- Emergency disaster relief;
- Foster care and adoption assistance;
- Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education;
- Job training programs; and
- In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
We also do not consider state and local programs that are like
the federal programs listed above. In addition, we do not
consider cash payments that have been earned (such as Title II
Social Security benefits), government pensions, and veterans’
benefits, among other forms of earned benefits.