Becoming A Public Charge Will Spoil Your Chances Of Getting Into The Us

Becoming A Public Charge Will Spoil Your Chances Of Getting Into The Us

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United States is the most preferred destination for immigrants from all over the world. There are so many categories of immigrants and every year there is a great flow of immigrants. If the application for an immigrant visa is insufficient without any details or if the applicant does not have a clean record, then their dreams of a better life will be shattered. Hence the immigrants take so much pain to ensure that they satisfy all the requirements in order to immigrate successfully.

When can a person be termed inadmissible to the US?

There are so many instances like having a contagious disease, being a person of poor moral conduct, being financially very poor, which will make an applicant inadmissible to the US by the USCIS. Among them a person can also be denied entry into the US, if he/she is considered to become a public charge to the US Government.

Definition of Public charge

Public charge refers to a person who may very likely become dependent on the US government for their subsistence. This situation will be demonstrated by the persons long term institutionalization at governments expense or from the receipt for obtaining public cash for assistance. Short-term institutionalization for rehabilitation purposes is not subject to public charge consideration under the existing immigration system.

As per Section 212(a)(4) of the Immigration and Nationality Act an individual who wants to enter the US or adjust the status to that of a permanent resident can be termed inadmissible if he/she can become a public charge at the time of application. However, this is not so in the case of naturalization proceedings. If a person is declared inadmissible, then he/she will not be admitted to the US or cannot adjust his /her status.

When can a person be termed as a public charge?

This decision is taken by the immigration officer who needs to weigh both the positive and negative factors of the person before declaring him/her to be a public charge. Factors like age, health, family status (assets, financial resources) and educational qualifications are taken into account while making a decision. While assessing the totality of the available circumstances, including above mentioned factors an immigration officer may take into account the applicants receipt of publicly funded benefits (specific benefits only)

Affidavit of Support filed on behalf of the applicant can be used while deciding upon this matter. Failing to file this will make the applicant inadmissible to the US. The following categories of people need to submit an Affidavit of support, which should be completed by their sponsor.

Immediate relatives of US citizens (including orphans)
Family Based categories Unmarried and married children of US citizens, spouses of permanent residents, siblings of adult US citizens etc.
Applicants who are immigrating based on employment in a firm, in which a permanent resident or a US citizen relative holds some ownership.
Individuals who can self- petition (battered spouses, children or widows/widowers) are exempt from this criterion but need to file Form I-864W to establish the exemption

Who is exempted from being declared a public charge?

The probability of a person becoming a public charge is considered only when the applicant is trying to become a permanent resident or when applying to extend the non-immigrant status within the US. The list of people given below can obtain an exemption or waiver from being considered as a public charge.
1. Asylee and refugees wanting to adjust their status
2. Amerasian Immigrants applying for their initial admission
3.Persons who have been granted relief under the Cuban Adjustment Act (CAA),Nicaraguan and Central American Relief Act (NACARA),Haitian Refugee Immigration Fairness Act (HRIFA)
4. Persons who are applying for a T,U Visa
5. Persons who are already on a Tor U visa and are now applying to become a Green card Holder.
6. Persons who are under Temporary Protected Status (TPS) and LIFE Act Provisions

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