Public Charge and Its Impact on GC

[gcAlmostnear]

Hello everyone, This is my first post. I applied for I 485 in October and got receipts. My daughter is a US citizen and we wanted to apply for Medicaid for her treatment. I saw on USCIS website that Medicaid is public charge (https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge). If we apply for Medicaid for her, will it affect our Green card?

[qesehmk]

Hello everyone, This is my first post. I applied for I 485 in October and got receipts. My daughter is a US citizen and we wanted to apply for Medicaid for her treatment. I saw on USCIS website that Medicaid is public charge (https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge). If we apply for Medicaid for her, will it affect our Green card?

Almost - welcome to forum. I fully sympathize with you and applaud you for asking this question which I am sure is pertinent to many many desi folks.

And hence I am moving this to its own thread.

The answer to your question is - medicaid - in most cases (in fact almost all cases if I am not wrong) is not considered public charge from USCIS perspective. USCIS considers food stamps public charge. So your GC should not be in jeopardy. So not only for your own daughter but for other members of family too - if you had to use Medicaid - that is not a problem from immigration stand point.

More importantly Biden administration is removing Trump's restrictive policies on public charge. So people who may have used food stamps may not be discriminated against.

Generally one should not be ashamed of such temporary or transient assistance you may have to use. Even WhatsApp founder had to use stamps to survive in SFO. When he closed the deal with FB, he specifically asked that the $18B check be given to him in front of the same Social Security office where he used to collect food stamps!

Almost - I wish you and your family well and hope your daughter quickly recovers.

Other experts on the forum - please help this guy. I am reasonably confident in my answer. But it would be useful if anybody knows more specifics or can research.

[vsivarama]

Hello everyone, This is my first post. I applied for I 485 in October and got receipts. My daughter is a US citizen and we wanted to apply for Medicaid for her treatment. I saw on USCIS website that Medicaid is public charge (https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge). If we apply for Medicaid for her, will it affect our Green card?

You may want to verify it from other sources as well. This is what I heard from a law firm during a Q & A session. Your daughter is a US citizen. Public charge rule DOES NOT apply for her. She is afforded all the rights that a US citizen avails. If it's for you or other non citizens then we can go into the weeds to see if it's considered public charge or not. As long as you can prove that you or any other non citizens did not receive public assistance for yourselves you should be fine.

[Turbulent_Dragonfly]

Here is the fact sheet from USCIS: https://www.uscis.gov/news/public-charge-fact-sheet

Certain Medicaid benefits. DHS will not consider the Medicaid benefits received:

For the treatment of an ?emergency medical condition;?

As services or benefits provided in connection with the Individuals with Disabilities Education Act;

As school-based services or benefits provided to individuals who are at or below the oldest age eligible for secondary education as determined under state or local law;

By aliens under the age of 21; and

By pregnant women and by women within the 60-day period beginning on the last day of the pregnancy.

I don't believe your case is in jeopardy as it does not concern you and your daughter is a USC. You could try tweeting at Greg Siskind, he usually is very active and responds especially if it concerns humanitarian issues/children etc.

[may2011]

Hello everyone, This is my first post. I applied for I 485 in October and got receipts. My daughter is a US citizen and we wanted to apply for Medicaid for her treatment. I saw on USCIS website that Medicaid is public charge (https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge). If we apply for Medicaid for her, will it affect our Green card?

As your daughter is a US citizen, she's not a dependent on your GC application.Public Charge is for immigrants applying for GC. Also State funded Medicaid and Medicaid for emergency treatment is not considered public charge.This link might be helpful .Look at the 'few take away ' section.It has exceptions for Medicaid.
http://www.wnylc.com/health/entry/25/#:~:text=Medicaid%20(federally%20funded%20Medicaid %20only,not%20State%2Dfunded%20Medicaid).&text=While%20receipt%20of%20STATE%2Dfunded,the%20t otality%20of%20their%20circumstances.

Don't hesitate to apply for Medicaid for your daughters health.

[bangaloreboy]

Hello everyone, This is my first post. I applied for I 485 in October and got receipts. My daughter is a US citizen and we wanted to apply for Medicaid for her treatment. I saw on USCIS website that Medicaid is public charge (https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge). If we apply for Medicaid for her, will it affect our Green card?

Hello there,
I got this from CLASP (Center for Law and Social Policy):
Children’s use of public benefits are not counted in their parents’ public charge test and since the child is US born, he/she wouldn't be an applicant for immigrant visa anyway.

[android09]

As everyone here has mentioned, since your child is a US citizen, any Medicare/Medicaid she uses is not going to affect your petition. More generally, If Medicare benefits are used by immigrant children as part of School activity - eg speech & physical therapy, Dyslexia therapy, Stuttering, school support services they all fall under IDEA-Individuals with Disabilities Education Act and are exempt from any Immigration related consequences. I had this personally checked with my lawyers since I have a similar situation.

[mr00us]

Dear gcAlmostnear, I sincerely wish your daughter gets better. I would recommend, do not worry about GC or anything and take care of your kid first. She is a US citizen and I don't believe you need to worry about anything. Illegals get GCs after committing crimes and you are a lot lot better than those people. Take care of your daughter and these things will settle themselves sooner or later.

[idliman]

Hello everyone, This is my first post. I applied for I 485 in October and got receipts. My daughter is a US citizen and we wanted to apply for Medicaid for her treatment. I saw on USCIS website that Medicaid is public charge (https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge). If we apply for Medicaid for her, will it affect our Green card?
First understand that there is a old Public Charge rule and a new one introduced by the DT administration. Since July 29, 2020, US DOS is blocked from applying the new public charge rule. Moreover on Feb 2, 2021, Pres JB issued a EO to review the public charge rule within 60 days. Pres JB had committed to undoing DT admin's new Public Charge rule. The old Public Charge rule has been in effect before DT admin and will likely stay in effect after the 60 day review too.

Your daughter is an US Citizen, she is not subject to public charge test. See who it applies to:

A. Who is subject to a public charge test?
Individuals applying for admission to the United States or adjustment of status (a green card) are subject to public charge unless they fall under certain statutorily exempted categories (see below). Additionally, many paths to immigration status do not have a public charge test. For instance, cancellation of removal in immigration court, asylum, and other forms of immigration relief do not have a public charge test. Generally, public charge mostly impacts those seeking their green card through a family-based immigrant petition.

Even if she is not a US Citizen and applying for GC, she is safe. "Medicaid used by those under 21" is excluded from Public Charge.

It would be a good idea to browse through Public Charge Writeup by ILRC (https://www.ilrc.org/sites/default/files/resources/overview_of_public_charge_and_benefits-march2020-v3.pdf).

[gcAlmostnear]

Thank you everyone for the help. It really means a lot to us. We are working on her to our best ability.

[march1612]

I am filing my Taxes for the year 2020 and My Tax consultant told me that I am qualified for $1200 Covid Stimulus money.

I read online and came to know from my friends that aliens are not qualified to take US government benefits and it could adversely impact any pending applications with USCIS.

I have an I-485 case pending application with USCIS,

Need your advise if I have to accept or reject the covid stimulus money.

[idliman]

I am filing my Taxes for the year 2020 and My Tax consultant told me that I am qualified for $1200 Covid Stimulus money.

I read online and came to know from my friends that aliens are not qualified to take US government benefits and it could adversely impact any pending applications with USCIS.

I have an I-485 case pending application with USCIS,

Need your advise if I have to accept or reject the covid stimulus money.
IRS classification of "Resident" is different from USCIS. For you to be classified as Resident Alien for tax purposes, you need to pass IRS Substantial Presence Test (https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test). Non-immigrants who have been substantially present in the United States and are categorized as "Resident Aliens" by the IRS are eligible to receive the stimulus check.

The following is the eligibility criteria:

Filed your 2018 and/or 2019 tax returns that provide the IRS with your bank account information.
Have a Social Security Number (SSN).
If taxes are filed together with an H4 dependent visa holder spouse, both filers should have an SSN.
For parents to receive an additional $500 per child, the parent must have an SSN. The child will not receive the stimulus check even if the child has an SSN.
People with an ITIN are not eligible.


If you meet the eligibility, I don't see any reason why you should not get COVID stimulus payments. If you are worrying about the DT admin's "Public Charge" form, if you are an Oct 2020 filer, you don't need I-944. Pres JB admin has promised to get rid of the new "Public Charge" provisions and will take some time to get through the regulatory channels.

[march1612]

IRS classification of "Resident" is different from USCIS. For you to be classified as Resident Alien for tax purposes, you need to pass IRS Substantial Presence Test (https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test). Non-immigrants who have been substantially present in the United States and are categorized as "Resident Aliens" by the IRS are eligible to receive the stimulus check.

The following is the eligibility criteria:

Filed your 2018 and/or 2019 tax returns that provide the IRS with your bank account information.
Have a Social Security Number (SSN).
If taxes are filed together with an H4 dependent visa holder spouse, both filers should have an SSN.
For parents to receive an additional $500 per child, the parent must have an SSN. The child will not receive the stimulus check even if the child has an SSN.
People with an ITIN are not eligible.


If you meet the eligibility, I don't see any reason why you should not get COVID stimulus payments. If you are worrying about the DT admin's "Public Charge" form, if you are an Oct 2020 filer, you don't need I-944. Pres JB admin has promised to get rid of the new "Public Charge" provisions and will take some time to get through the regulatory channels.

I filed by I-485 in 2012, and Yes I am worried about DT admin's "Public Charge".

I filed my I-485 in 2012, would the "Public Charge" rule impact if I accept the Stimulus?

(or)

Should I reject the stimulus and what would be the impact?

[qesehmk]

I filed by I-485 in 2012, and Yes I am worried about DT admin's "Public Charge".

I filed my I-485 in 2012, would the "Public Charge" rule impact if I accept the Stimulus?

(or)

Should I reject the stimulus and what would be the impact?

I am 99.99% sure stimulus won't be considered public charge.

[gcconnect]

I am filing my Taxes for the year 2020 and My Tax consultant told me that I am qualified for $1200 Covid Stimulus money.

I read online and came to know from my friends that aliens are not qualified to take US government benefits and it could adversely impact any pending applications with USCIS.

I have an I-485 case pending application with USCIS,

Need your advise if I have to accept or reject the covid stimulus money.

I received Stimulus 2 times directly deposited in my account.
When i try to file returns , the tax consultant told me that I am qualified for $$$ Covid Stimulus money as my daughter got SSN with EAD recently. I rejected to claim along with my tax filing.
AS per experts, its not under public charge, but why should take risk . May be i am wrong, but the decade waiting pain makes me leave everything

[Zenzone]

I don't remember seeing anything in the otherwise laborious public charge form that I filled when I filed my 485 that asked about stimulus payments. I have also heard several attorneys address this question saying its not considered a public charge. However, full disclosure that I don't qualify for stimulus so my attention on this topic is not for personal immigration reasons and rather its anecdotal.

[vsivarama]

Should I reject the stimulus and what would be the impact?

Stimulus is NOT public charge. So is unemployment benefits (Some H4-EAD folks do apply for it). It's just like taxes, if you are getting a refund you get the refund. This has been verified by multiple lawyers as well. One of the sources listed below. You can do a google search and review additional sources if you want. Frankly, I did not even think we have the option to refuse. My account was automatically credited with the amount as they had my bank details.

https://www.fredlaw.com/news__media/do-stimulus-checks-and-unemployment-benefits-matter-for-inadmissibility-determinations-based-on-public-charge/#:~:text=The%20Trump%20administration%20is%20sendi ng,aid%20them%20during%20the%20pandemic.&text=In%20addition%2C%20the%20stimulus%20check,is% 20not%20a%20public%20benefit.

[idliman]

I filed by I-485 in 2012, and Yes I am worried about DT admin's "Public Charge".

I filed my I-485 in 2012, would the "Public Charge" rule impact if I accept the Stimulus?

(or)

Should I reject the stimulus and what would be the impact?
I am fellow 2012 filer waiting for my turn. Here's the definitive answer from AILA. Bottom line is COVID stimulus is not public charge. Please make sure that you get every penny that you are eligible for from the IRS.

AILA - Practice Alert: COVID-19 and the Public Charge Rule (https://www.aila.org/advo-media/aila-practice-pointers-and-alerts/practice-alert-covid-19-and-the-public-charge-rule)


3. Will receiving a recovery rebate under the CARES Act impact my client's immigration application under the public charge rule?
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act (https://www.aila.org/infonet/hr-748-coronavirus-aid-relief-and-economic), a $2 trillion dollar economic recovery package. The package offers relief to state and local governments, individuals, small and large businesses, and hospitals affected by the 2019 novel coronavirus (COVID-19) pandemic. In particular, the CARES Act provides for the issuance of one-time payments, called recovery rebates, (or commonly known as "stimulus checks") to help individuals recover from the economic impacts of the COVID-19 pandemic. Eligible individuals with an adjusted gross income up to $75,000 can receive a one-time payment of $1,200. Married couples filing a joint tax return are eligible to receive a payment of $2,400, as long as their adjusted gross income is less than $150,000. Eligible individuals can also receive an additional $500 for each eligible child under the age of 17.

The recovery rebates are structured as automatically advanced tax credits to be disbursed by the Treasury Department. The DHS final rule on inadmissibility on public charge grounds is clear that tax credits are not taken into account for the purpose of a public charge determination. DHS indicates in its final rule that only public benefits as defined in 8 CFR 212.21(b) will be considered in the public charge inadmissibility determination. 8 CFR 212.21(b) defines a public benefit to include means-tested programs like Medicaid and cash assistance for income maintenance, however 8 CFR 212.21(b) indicates that cash assistance for income maintenance does not include tax credits. Furthermore, USCIS indicates in Volume 8, Part G, Chapter 10 of the USCIS Policy Manual (https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.uscis.gov%2fpolicy-manual%2fvolume-8-part-g-chapter-10&c=E,1,Rsa2vq5wJcR9F669QvkMDDF4si8wSPOluGbzrz-H8er2zfizmDHK_7ZGuTSnoVsXvh5K-pWyeZwJnBBOrEkxcoM6_ZvssKaR0XN4JpO4sD2ZluPCB_Gd0lM ,&typo=1) that tax credits are not considered public benefits in a public charge inadmissibility determination.

Similarly, the Department of State (DOS) Interim Final Rule (https://www.aila.org/advo-media/agency-liaison/submit-feedback-notices-requests-for-comment/84-fr-54996-10-11-19)and the Foreign Affairs Manual (https://fam.state.gov/FAM/09FAM/09FAM030208.html) (FAM) align with the DHS final rule in that the DOS interim final rule and FAM indicate that for the purposes of defining "public benefit", cash assistance for income maintenance does not include tax credits. AILA's DOS Liaison Committee is seeking additional clarification from DOS regarding how consular officers will factor in tax credits in public charge determinations at U.S. consulates overseas.

For additional information regarding the recovery rebates provided under the CARES Act, please see AILA Practice Alert: Is My Immigration Client Eligible for a Recovery Rebate under the CARES Act (https://www.aila.org/advo-media/aila-practice-pointers-and-alerts/practice-alert-is-my-immigration-client-eligible).

[AceMan]

Should I reject the stimulus and what would be the impact?


How on earth a person can reject Mahalakshmi coming to your account?

[AceMan]

I received Stimulus 2 times directly deposited in my account.
When i try to file returns , the tax consultant told me that I am qualified for $$$ Covid Stimulus money as my daughter got SSN with EAD recently. I rejected to claim along with my tax filing.
AS per experts, its not under public charge, but why should take risk . May be i am wrong, but the decade waiting pain makes me leave everything

It was wrong on your part to deny your daughter the money she was entitled from the government because of your ignorance of the rules and blame it else where.

[qesehmk]

It was wrong on your part to deny your daughter the money she was entitled from the government because of your ignorance of the rules and blame it else where.
Easy Ace. Come on its his conscious choice.

All - even if you filed taxes .... you can refile and claim what government owes you. I don't remember exact but you can refile upto 3 years!! So let that sink in.

[android09]

It was wrong on your part to deny your daughter the money she was entitled from the government because of your ignorance of the rules and blame it else where.

Stop being judgmental. You have not walked an inch in this person's shoes. You dont know all the circumstances this person has to deal with. Making assumptions based on a comment on a forum is only reflecting badly on you. Let's stop making grandiose statement & let's try and show empathy to everyone.

[AceMan]

Easy Ace. Come on its his conscious choice.

All - even if you filed taxes .... you can refile and claim what government owes you. I don't remember exact but you can refile upto 3 years!! So let that sink in.


Stop being judgmental. You have not walked an inch in this person's shoes. You dont know all the circumstances this person has to deal with. Making assumptions based on a comment on a forum is only reflecting badly on you. Let's stop making grandiose statement & let's try and show empathy to everyone.

Q,android09
I think you both know that I have strong opinions and beliefs of what is right and what is wrong. I respect any money coming to you legally.

It has been made clear by the DT admin, IRS and all the concerned parties that stimulus checks are not a public charge. So even after that a person decides not to take it, its his choice.

I just stated the facts in a clear direct tone with no disrespect to the person. If you read his post he took the 2 stimulus check which he got, but not take the claim for his daughter.

[bangaloreboy]

If you meet the eligibility, I don't see any reason why you should not get COVID stimulus payments. If you are worrying about the DT admin's "Public Charge" form, if you are an Oct 2020 filer, you don't need I-944. Pres JB admin has promised to get rid of the new "Public Charge" provisions and will take some time to get through the regulatory channels.

Hello Idliman, I believe I-944 is still a requirement as per stay by seventh Circuit court on the order by Northern District of Illinois that had previously vacated the public charge rule:

History of Court Decisions
On Nov. 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued an administrative stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020, decision that vacated the DHS Inadmissibility on Public Charge Grounds Final Rule. This administrative stay allows DHS to resume implementing the Public Charge Final Rule nationwide. As of Nov. 4, 2020, USCIS will adjudicate applications and petitions postmarked (or electronically submitted, if applicable) on or after Feb. 24, 2020, under the Public Charge Final Rule.

[idliman]

Hello Idliman, I believe I-944 is still a requirement as per stay by seventh Circuit court on the order by Northern District of Illinois that had previously vacated the public charge rule:

History of Court Decisions
On Nov. 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued an administrative stay of the U.S. District Court for the Northern District of Illinois? Nov. 2, 2020, decision that vacated the DHS Inadmissibility on Public Charge Grounds Final Rule. This administrative stay allows DHS to resume implementing the Public Charge Final Rule nationwide. As of Nov. 4, 2020, USCIS will adjudicate applications and petitions postmarked (or electronically submitted, if applicable) on or after Feb. 24, 2020, under the Public Charge Final Rule.
Sorry, this rule is currently being litigated left and right. I believe Supreme Court had agreed to take the case. Also Pres JB's EO to review this is to come out on April first week. After that they will start the rule-making process to get rid of I-944. They have to follow the regulatory process or else anti-immigration groups will litigate against the JB admin. Complicated. But, I am sure in few months, this will go away. Recently 9th Circuit issued a injunction against implementing this in 18 states and Washington DC. Myself being a 2012 filer, don't need to worry about this and hence I am not very updated on I-944.

I thought most of the Oct / Nov 2020 filers did not submit I-944. Did you submit I-944?

[bangaloreboy]

Sorry, this rule is currently being litigated left and right. I believe Supreme Court had agreed to take the case. Also Pres JB's EO to review this is to come out on April first week. After that they will start the rule-making process to get rid of I-944. They have to follow the regulatory process or else anti-immigration groups will litigate against the JB admin. Complicated. But, I am sure in few months, this will go away. Recently 9th Circuit issued a injunction against implementing this in 18 states and Washington DC. Myself being a 2012 filer, don't need to worry about this and hence I am not very updated on I-944.

I thought most of the Oct / Nov 2020 filers did not submit I-944. Did you submit I-944?

Yes I did, I believe all Oct/Nov 2020 filers did too, since the implications of not including it was pretty catastrophic...with the ruling going back and forth between courts, nobody would have hazarded a chance to not include it...

[AceMan]

Yes I did, I believe all Oct/Nov 2020 filers did too, since the implications of not including it was pretty catastrophic...with the ruling going back and forth between courts, nobody would have hazarded a chance to not include it...

Almost everyone from October did.

[Noesis]

Sorry, this rule is currently being litigated left and right. I believe Supreme Court had agreed to take the case. Also Pres JB's EO to review this is to come out on April first week. After that they will start the rule-making process to get rid of I-944. They have to follow the regulatory process or else anti-immigration groups will litigate against the JB admin. Complicated. But, I am sure in few months, this will go away. Recently 9th Circuit issued a injunction against implementing this in 18 states and Washington DC. Myself being a 2012 filer, don't need to worry about this and hence I am not very updated on I-944.

I thought most of the Oct / Nov 2020 filers did not submit I-944. Did you submit I-944?

Hello Idliman,

I filed in December and submitted 944 as asked by my attorney. As you rightly said, I do not think it would go away unless JB Admin get rid of it via regulatory process.