9 FAM 40.41 N2.2 Benefits Not Considered "Public
Cash Assistance for Income Maintenance"
(CT:VISA-911; 11-02-2007)
a. There are many forms of U.S. Government assistance that an alien may
have accepted in the past, or that you may reasonably believe an alien
might receive after admission to the United States, that are of a non-cash
and/or supplemental nature. Certain programs are funded with public
funds for the general good, such as public education and child vaccination
programs, etc., and are not considered to be benefits for the purposes of
INA 212(a)(4) (8 U.S.C. 1182(a)(4)). Although the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 prohibits
aliens from receiving many kinds of public benefits, it specifically exempts
several of those indicated below. Neither the past nor possible future
receipt of such non-cash or supplemental assistance may be considered in
determining whether an alien is likely to become a public charge. These
benefits include, but are not limited to:
(1) The Food Stamp Program;
(2) The Medicaid Program (other than payments under Medicaid for
long-term institutional care);
(3) The Child Health Insurance Program (CHIP);
(4) Emergency medical services;
(5) The Women, Infants and Children (WIC) Program;
(6) Other nutrition and food assistance programs;
(7) Other health and medical benefits;
(8) Child-care benefits;
(9) Foster care;
(10) Transportation vouchers;
(11) Job training programs;
(12) Energy assistance, such as the low-income home energy assistance
program (LIHEAP);
(13) Educational assistance, such as Head Start or aid for elementary,
secondary or higher education;
(14) Job training;
(15) In-kind emergency community services, such as soup kitchens and
crisis counseling;
(16) State and local programs that serve the same purposes as the
Federal in-kind programs listed above; and
(17) Any other Federal, State, or local program in which benefits are
paid in-kind, by voucher or by any means other than payment of
cash benefits to the eligible person for income maintenance.
b. In all cases, the underlying nature of the program reveals whether it is
considered a "public charge" (i.e., is the program intended to be a
primary source of cash for income maintenance)? Some programs which
provide cash benefits for special purposes are supplemental and not for
income maintenance. They include such help as transportation or child
care benefits paid in cash, or one-time emergency payments made under
TANF to avoid the need for on-going cash assistance.
c. Cash benefits that have been earned (e.g., social security payments, old
age survivors disability insurance (OASDI), U.S. Government pension
benefits and veterans benefits) are irrelevant to a public charge
determination.