New Definition of Public Charge Proposed

Discussion in 'Lottery Visas - DV' started by Sm1smom, Feb 9, 2018.

  1. Sm1smom

    Sm1smom Super Moderator

    The government is looking into expanding the current definition of what constitutes a public charge. Things such as enrolling a child in government pre-school programs or receiving subsidies for utility bills or health insurance premiums will constitute being a public charge under this new definition.

    Some of the benefits being targeted (not limited to these):
    • some “educational benefits,” including use of Head Start for children
    • Children’s Health Insurance Program (CHIP)
    • use of any subsidies, or purchase of subsidized insurance, under the Affordable Care Act
    • food stamps
    • Women, Infants, and Children (WIC) assistance
    • Housing benefits, like Section 8
    • Low-Income Home Energy Assistance Program (LIHEAP)

    If this goes into effect, it will become a lot harder for so many people currently living in (or previously stayed) in the US on a NIV to successfully obtain a GC.

    Link to the draft Memo below:
    F1_DV2018 likes this.
  2. mira88

    mira88 Member

    Thanks for posting this. I read some articles that said this might affect green card holders too. I have insurance through ACA marketplace plans and I qualified for premium tax credit. I am currently looking for jobs so hopefully I will get insurance through my work but do you think this might have an effect on permanent residents too?
  3. Sihem

    Sihem Member

    It shouldn't according to Reuters : "The rules would not apply to permanent residents applying for citizenship, but would apply to a wide range of people living or working in the United States, including close family members of U.S. citizens and workers employed by U.S. companies."
    Sm1smom likes this.
  4. Sm1smom

    Sm1smom Super Moderator

    It shouldn’t based on the current wording, but I anything is possible with this administration.
  5. Sm1smom

    Sm1smom Super Moderator

    Like I said before, anything is possible with this current administration. Planning to apply the new public charge definition to current LPRs applying for naturalization:

    All LPRs should be wary of applying for or using the specific benefits being targeted after (or from the date) the new ruling goes into effect.
  6. John5000

    John5000 New Member

    I just arrived in the US 3 weeks ago on my green card and was going to apply for an ACA plan. Should I not apply for this type of plan anymore? How can I get health insurance while I'm still looking for a job?
  7. newacct

    newacct Well-Known Member

    1. You don't need to worry about the rule until it happens, because it doesn't apply to benefits obtained before the rule takes effect
    2. You can still buy plans from the ACA marketplace, but shouldn't get the subsidy (premium tax credit) after the rule takes effect (unless the reason why you are low income is due to something that happened after you got your green card -- the deportability for becoming a public charge within 5 years of entry doesn't apply if you can show it's due to causes that arose after you entered)
  8. John5000

    John5000 New Member

    Thanks for your input newacct. Do you have a source so that I can read about it in more detail? So basically its fine to enroll/be enrolled in an ACA marketplace plan both before and after these laws take effect, but one shouldn't apply for and receive the subsidy after these new laws take effect?
  9. newacct

    newacct Well-Known Member

    I am basing it off of this draft text of the proposal from March. In page 209-210 it excludes consideration of benefits that were not considered under the previous guidance, if you didn't use or receive them after 60 days after the final rule is published.

    However, that draft mainly has just stuff about the ground of inadmissibility for public charge, and since you already have a green card, you are not worried about inadmissibility, but rather about deportability (INA 237(a)(5) has a ground of deportability for becoming a public charge within 5 years of entry unless you can show that it is due to causes that arose after entry). The draft text hadn't finished the part about the ground of deportability yet (see page 220; it says "TO BE INSERTED"), so maybe we should wait to see what the finished text says about it.
    John5000 and SusieQQQ like this.
  10. guitarek

    guitarek New Member

    :( :( I hope it won't get approved. This means I will be disqualified because i have used the pre-school program form my child and I have also applied to marketplace insurance for me and my family and they approved me for full Medicaid, although have not requested for it specifically, but i think they approved me based on my low income at that time.

    Please keep us updated if there is any chance to this draft memo.
    Thank you Mom.
  11. Jbuff

    Jbuff Member

    Its a a policy. Not a law , congress doesnt have to approve it.
    The President can sign an Executive order .
    guitarek likes this.
  12. SusieQQQ

    SusieQQQ Well-Known Member

    It’s not retroactive. If you’re worried about it then get yourself removed from these programs, or do so if/when the definition gets changed and the effective date is published.
  13. guitarek

    guitarek New Member

    Thank you for your valuable advice. I have already requested to remove all family members from the program
  14. Yosef

    Yosef Member

    Thank you for sharing this information mom.
    Question please, if I have kids who born in the US and use some of the benefits, is this going to effects me even I didn’t use any?
  15. Sm1smom

    Sm1smom Super Moderator

    “(C) Minumum factors to consider ... At a minimum, the Secretary must consider ...
    (3) Wether any dependent family members for whom the alien provides financial support, including a U.S. citizen child, in the alien’s household have received or are receiving any public benefits;”​ (p.10 or 234)

    “Receiving such benefits could weigh against an applicant, even if they were for an immigrant’s U.S. citizen children, according to the document.”​

    It really helps if you guys take out the time to go over the links we provide - less stressful on every one.
    Yosef likes this.

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