Since 1999, the federal government has made immigration application determinations based on whether or not an applicant was primarily dependent on cash welfare programs or institutionalization for long-term care at the government’s expense.
If either requirement was met, they could be deemed a public charge, or in other words, a burden to the government, and be denied a green card or visa.
Under new guidelines, the definition of public charge is being expanded to include a wide range of public benefits including Supplemental Nutrition Assistance Program (SNAP), most forms of Medicaid and housing assistance programs.
If an applicant is more likely than not to receive one or more public benefits for more than 12 months within any 36 month period, they can be determined a public charge according to the 837 page Department of Homeland Security document detailing the changes.
Past use of these benefits would not be held against applicants, and neither would the use of these benefits by their dependents.
In determining whether or not an immigrant is likely to become a public charge, age, health, family status, assets, resources, financial status, education and skills will also be taken into account.
These factors will be weighted as positive or negative based on certain guidelines. For example, being between the age of 18 and 61 would be considered positive, whereas being younger than 18 or older than 61 would be negative.
Making below 250 percent of the federal poverty line, or $64,375 per year for a family of four, would be weighted as negative, whereas making above 250 percent of the federal poverty line would be weighted as heavily positive.
The document states that the rule does not apply to asylees, refugees or those Congress has exempted from the public charge ground of inadmissibility. There are also some exceptions for immigrants who serve in the military, pregnant women and children.
A list of legal immigration resources in San Diego can be found on the California Department of Social Services website.
