In this video attorney Jacob Sapochnick discusses a new rule, effective October 15, 2019, that expands the list of public benefits that make a foreign national ineligible to obtain permanent residence and/or an immigrant or nonimmigrant visa.
Receipt of certain public benefits by a non-citizen may render that individual ineligible to obtain: a visa to the United States, adjustment of status to permanent residence, or ineligible for admission to enter the United States.
The final rule defines a public charge as any alien who receives one or more designated public benefits for more than 12 months in the aggregate within any 36-month period.
Under the final rule, immigration will now be taking into consideration the following benefits to determine whether an individual is or is likely to become a public charge to the U.S. government:
Reliance on or receipt of non-cash benefits such as:
- Cash benefits for income maintenance
- SNAP (food stamps)
- Section 8 Housing Assistance under the Housing Choice Voucher (HCV) Program
- Section 8 Project-Based Rental Assistance, and
- certain other forms of subsidized housing
In addition, the government will continue to take into consideration the following types of benefits:
- Temporary Assistance for Needy Families (TANF)
- Supplemental Security Income (SSI)
Certain special categories of non-citizens are exempt from the rule including Asylees, Refugees, U visa and VAWA applicants, and aliens who are not subject to the public charge ground of inadmissibility
For more information about the rule please click here.