Immigration law in the United States can be complex, and if you are traveling to the country, it is imperative that you understand certain laws, requirements, and terminology. Being a public charge has significant implications when it comes to immigration. To learn what it means to be a public charge and how it can impact your legal options in the United States, continue reading and work with a knowledgeable Astoria immigration lawyer today.
What is a “Public Charge” in U.S. Immigration Law?
In United States immigration law, the term “public charge” describes a non-citizen who is or is likely to become reliant on government assistance. It is a status that immigration officials assign to certain applicants if their financial and general situation makes it probable that they will become dependent on government-funded programs for their main source of income or financial support.
What Happens if You Are a Public Charge?
If it is determined that you are a public charge, it can affect your ability to enter or stay in the United States. Public charge is a valid ground of inadmissibility, meaning that an applicant could be denied their green card, visa, or admission into the U.S. When applying, immigration officials will evaluate your age, health, income, and more to determine whether you are likely to become primarily dependent on the government for support in the future. This rule is designed to ensure that immigrants who travel to the United States will not depend on cash assistance or government-funded care.
Public charge evaluations do not apply to every immigrant. According to the Immigrant Legal Resource Center, if you are submitting any of the following applications, you do not generally need to worry about being considered a public charge.
- Application for Special Immigrant Juvenile Status (SIJS), or an application for a green card based on having SIJS
- Application for a U visa or T visa, or an application for a green card filed by someone who has a U visa or T visa
- Application for asylee or refugee status, or an application for a green card based on being an asylee or refugee
- Application for VAWA, or an application for a green card based on VAWA
- Application for DACA, whether an initial application or a renewal application
- Application for Temporary Protected Status (TPS)
- Application to renew your green card
- Application for U.S. citizenship
When traveling to the U.S., it is crucial that you have the financial means to support yourself during your stay to ensure that you are permitted entry into the country.
If you are attempting to travel to the United States for immigration purposes, it is imperative that you understand the public charge designation and what it may mean for you. Work with a skilled attorney for more information today.
