Yes, public charge can apply to green card holders. Green card holders may be subject to public charge if they are deemed likely to become primarily dependent on certain public benefits for their subsistence.
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Yes, public charge can apply to green card holders. Public charge refers to the legal condition of an individual who is likely to become primarily dependent on the government for their subsistence. While green card holders, also known as lawful permanent residents, have the privilege of residing and working permanently in the United States, they are not automatically exempt from public charge considerations.
To determine if a green card holder is likely to become a public charge, several factors are taken into account, including age, health, family status, financial status, resources, and education/skills. This assessment is made when individuals apply for certain immigration benefits, such as when they seek to adjust their status to become lawful permanent residents or when they apply for certain visas.
According to the U.S. Citizenship and Immigration Services, a green card holder can be subject to public charge if they are found to be “primarily dependent on the government for subsistence.” This means that if a green card holder is deemed likely to rely heavily on public benefits for their basic needs, such as medical care, housing, or cash assistance, they may be at risk of being considered a public charge.
It is important to note that not all public benefits are considered in public charge determinations. Certain benefits, such as emergency medical assistance, disaster relief, and public health assistance for communicable diseases, are generally not considered when evaluating public charge status. Additionally, the receipt of public benefits by family members who are not seeking a green card themselves does not typically impact a green card holder’s public charge determination.
Quote: “Give me your tired, your poor, your huddled masses yearning to breathe free.” – Emma Lazarus
Interesting facts about public charge and green card holders:
- Public charge considerations have been part of U.S. immigration law for over a century, aimed at ensuring that immigrants do not become a burden on society.
- The concept of public charge has been debated and redefined throughout history, reflecting the changing ideals and policies of immigration in the United States.
- The implementation of new public charge rules in 2019 expanded the factors considered in the assessment, including factors like age, health, and education/skills.
- Public charge determinations are made on a case-by-case basis, taking into account the individual circumstances and evidence provided by the applicant.
- The public charge rule does not apply to all immigrants, as certain categories of immigrants, such as refugees, asylees, and survivors of domestic violence, are generally exempt.
Table: Factors Considered in Public Charge Determinations
| Factors | Examples |
|---|---|
| Age | Elderly individuals who may require more support |
| Health | Individuals with serious medical conditions |
| Family Status | Dependents who rely heavily on the green card holder |
| Financial Resources | Limited income or assets |
| Education/Skills | Limited education or job prospects |
Please note that the above table is for illustrative purposes only and the actual assessment process is more complex, considering additional circumstances.
See related video
The speaker in the YouTube video explains that there are changes being made to the Green Card application due to a new public charge rule that will take effect on December 23, 2022. The updated form includes additional questions that applicants must answer correctly, but it is poorly written and confusing. The speaker advises applicants to obtain proof of the mailing date when sending out their application and mentions that Medicaid or nutritional assistance should not affect the green card application. There may be potential lawsuits arising from the confusing questions in the application, but the previous public charge rules did not cause significant issues with approvals. The speaker recommends answering the questions accurately, calculating and providing the necessary information, and consulting with an attorney if unsure. Viewers are reminded to stay updated on any changes and to submit their cases before the upcoming deadline.
Here are some other responses to your query
If you already have your green card, public charge does not apply when you are renewing your green card or when you apply for U.S. citizenship.