On January 27, the US Supreme Court unblocked the administration's changes to the Public Charge Rule.
So what is the Public Charge Rule and how does that impact immigrants?
First, you have to understand that there's a difference between
Public Charge Rule.
means help from the government for basic needs such as health care, housing, food or money. Public benefits can be from federal, state or local governments. Not everyone qualifies for public benefits.
Public Charge Rule
is specifically geared towards people who apply for a Green card through their family. When the application is reviewed, the immigration official can deny the application if it is determined that the person is likely to depend too much on public benefits in the future. So the immigration official considers the immigrant's health, age, education and skills, family support and sponsor, and the use of some kinds of public benefits already.
However, only THESE public benefits used by the applicant are in the Public Charge Rule: 1. cash benefits such as Supplemental Security Income, Temporary Assistance to Needy Families, Cash Assistance Program for Immigrants and General Assistance/Relief; and 2. Medi-Cal/Medicaid for long-term (nursing home) care.
The Public Charge Rule mostly affects people who are applying for a Green Card with a family-based petition or Permanent Residents who traveled outside the US for more than six months.
It does not affect:
--Green Card holders applying for citizenship or renewal,
--Temporary Protected Status individuals, --DACA recipients,
--Special Immigrant Juvenile Status individuals,
--U Visa holders,
--T visa holders,
--people applying for withholding of removal or Convention Against Torture benefits
--applicants who are applying for Violence Against Women Act and a Green Card, --Cubans,
--Afghan and Iraqi interpreters and translators applying for special immigrant visas,
--people applying for Nicaraguan Adjustment and Central American Relief Act benefits,
--people applying for Haitian Relief and Immigrant Fairness Act benefits,
--and other "humanitarian" immigrants
(source: Catholic Legal Immigration Network, Inc)
You can learn more about the changes to Public Charge Rules and benefits that immigrants may qualify for by checking out the website: keepyourbenefits.ca.org