List of benefits and allowances for which an immigrant may be recognized as a 'social burden'

On February 24, 2020, the US Department of Homeland Security (DHS) enacted a “public burden” rule, including in Illinois. This is stated in the message on the site. Citizenship and Immigration Services (USCIS).

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DHS first published the “public charge” rule on August 14, 2019, but shortly before it was set to take effect on October 15, 2019, several federal courts blocked it. On February 21, 2020, the U.S. Supreme Court lifted the final restrictions on the rule's implementation.

USCIS will apply the final rule to all applications starting February 24th. For applications sent by a commercial courier (for example, UPS, FedEx or DHL), the date of application is considered to be the date indicated on the courier's receipt. USCIS will reject any application that does not comply with the new rule, including those filed by foreigners residing in Illinois, or on their behalf, if applications were submitted after February 24.

The “public burden” rule requires that candidates for a change of status are not recipients of social benefits and benefits.

Due to delays in the implementation of the rule, the USCIS has been applying this requirement since February 24, 2020, and not October 15, 2019.

Candidates for status adjustment should not be required to report state benefits (e.g., food stamps, Medicaid, and the like) if they received them before February 24.

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USCIS will also not take into account if the applicant received public benefits (Temporary Assistance for Needy Families, Extra Income for Security) if they were received before February 24, 2020.

The concept of “social burden” has been part of the US Immigration Act for over 100 years.

A foreigner who may at any time become a “social burden” is generally considered unacceptable to enter the United States and does not have the right to become a legal permanent resident.

Under the new rule, “public burden” is defined as a foreigner who has received one or more state benefits for more than 12 months during any 36-month period.

However, receiving government benefits does not automatically increase the likelihood that a person will become a public charge in the future. According to the USCIS website, this information is needed “to help noncitizens make informed choices about whether to apply for certain public benefits.”

Pursuant to Section 212 (a) (4) of the Immigration and Nationality Act (INA), 8 USC 1182 (a) (4), an alien applying for permission to enter the United States or attempting to obtain legal resident status (green) cards) is an unacceptable candidate if a foreigner “at the time of filing an application for admission or adjustment” of status cannot prove that he will not become a “social burden” at any time. If he did not, then he will not be allowed to enter the United States or adjust his status.

Applicability and exceptions

The last rule applies to two types of applicants:

• applicants for obtaining or changing the status of the legal status of a permanent resident;
• applicants for extension of stay or change of status.

Congress made certain exceptions to the “public burden” rule. This rule does not apply to:

• refugees
• asylum seekers;
• some applicants for T and U non-immigrant visas (trafficking in persons and victims of crime);
• visa recipients under the Violence against Women Act.

A complete list of exceptions to the “public charge” rule - according to link.

The definition of "social burden"

The term “public burden” includes a foreigner who receives one or more state benefits for a total of more than 12 months during any 36-month period. If he receives two benefits at the same time, then one month is considered as 2 months.

According to the rule, “the likelihood of becoming a social burden at any time” means: there is a high probability that a foreigner can receive state benefits for more than 12 months during any 36-month period.

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USCIS employees consider the totality of an alien’s circumstances when deciding whether the applicant can become a “public burden” at any time. This means that the employee must weigh both positive and negative factors.

When deciding whether to recognize a foreigner as a “social burden”, a USCIS employee must consider:

• age;
• health status;
• marital status;
• assets, resources and financial condition;
• education and skills;
• prospective immigration status;
• expected period of stay in the country.

None of the factors makes a foreigner a “social burden”, unless he submits Form I-864 or Form I-864EZ when required.

Determining the likelihood that an alien will become a public charge at any time in the future is a forward-looking decision that is based on the totality of the alien's circumstances and a weighing of all factors relevant to the alien's case.

What will and will not be considered by DHS

To qualify an alien as a public charge, DHS will only consider the public benefits listed in the rule:

• additional social income (Supplemental Security Income);
• temporary assistance for needy families (Temporary Assistance for Needy Families);
• any federal, state, or local cash benefit programs for low-income people;
• food stamps (Supplemental Nutrition Assistance Program / SNAP);
• Obtaining government subsidy vouchers for rental of your own choice (Section 8 Housing Assistance under the Housing Choice Voucher Program);
• Housing Benefits (Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
• public housing program (Public Housing (Housing Act of 1937, 42 USC 1437 et seq.);
• federal budget funded Medicaid program (with some exceptions).

DHS will not consider receiving these benefits:

• emergency;
• disaster management;
• national school lunch programs;
• The Special Supplemental Nutrition Program for Women, Infants, and Children;
• The Children's Health Insurance Program;
• foster family subsidies and adoption;
• state-subsidized student and mortgage loans;
• emergency assistance;
• food delivery points for the homeless;
• visit to kindergarten (Head Start).

According to the final rule, DHS will not consider receiving government benefits from a foreigner who, at the time of receiving, filing, or making a decision to enter, adjust his status, extend his stay or change his status, is enrolled in the US military or is an active employee in any of the units US Army Reserve.

DHS will also not consider the receipt of public benefits by the spouse and children of any person enlisted in the US Armed Forces, or who is on active duty or in any unit of the US Armed Forces Reserve.

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In addition, the rule stipulates that DHS will not consider state benefits received by children, including adopted children who will receive US citizenship under section 320 of the INA, 8 US 1431, or children of citizens of a country living outside the United States who enter the United States States for the purpose of participating in an interview in accordance with section 322 of INA, 8 USC 1433.

DHS will not consider receiving Medicaid:

• for the treatment of “health emergencies”;
• as services or benefits provided in connection with the Education Act for persons with disabilities;
• as school services or facilities provided to persons who have reached or not reached the oldest age, are entitled to secondary education in accordance with the law;
• foreigners under the age of 21;
• pregnant women and women for a 60-day period starting on the last day of pregnancy.

As ForumDaily wrote earlier:

• President Donald Trump signed a decree banning immigrants from entering the countryunable to pay the cost of their health care. Immigrants must have the necessary financial means upon entry into the country or guarantee that they will receive health insurance no later than 30 days from their arrival in the United States.
• Donald Trump administration wants to fight migration refuse green cards to migrants if they receive social security benefits and tax benefits. Current rules affect migrants receiving cash benefits.
• US Citizenship and Immigration Services has published revised and updated formscorresponding to the final rule on the inadmissibility of “public burden”.
• To whom is the rule of "social burden" will block the path to the green card.

The main thing that an immigrant needs to know about the new rule, read in our material.

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