This week in my Migratory Consultation column, I explain why applying for public benefits could affect people who wish to obtain residency or citizenship.
This is the column:
Receiving public assistance may affect your ability to obtain U.S. residency or citizenship. If the government considers you a "public charge," you may be inadmissible for immigration benefits. Here I will clarify which benefits can hurt you and which cannot.
U.S. Citizenship and Immigration Services (USCIS) considers a person a "public charge" when he or she is unable to support him or herself financially and is dependent on public benefits that provide cash, such as welfare, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or state or local grant programs. Medi-Cal/Medicaid benefits used to institutionalize long-term aliens - such as a nursing home or mental health facility - may also be considered as public charge criteria. Other factors taken into account: age, health, income, family status, education and skills of the individual.
If you are a permanent resident receiving public assistance, do not travel out of the country for more than 6 months. If you stay out longer, USCIS may question you upon your return to determine if you may become a public charge and deny you entry. You should consult with your caseworker to determine if you can continue to receive assistance while you are out of the country.
Receiving public benefits does not automatically make you a public charge. Some public benefits do not harm your immigration plans. These include: food stamps, food programs such as WIC, Medi-Cal/Medicaid and health services (including immunizations, use of health clinics, prenatal care, and emergency medical services), housing benefits, and emergency disaster relief.
Earned cash benefits (to which you have contributed through your employment), such as Social Security benefits, government pensions, veterans' benefits, and unemployment compensation do not count against your eligibility.
Public benefits granted to U.S. citizen children generally do not prejudice the immigration applications of their parents or other relatives.
Receiving public assistance should not affect your application for citizenship unless the benefits were improperly obtained. In that case, the USCIS may determine that you are not of good moral character for obtaining benefits that you were not entitled to and deny your application.
These rules do not affect certain immigrants applying for permanent residence, such as refugees and asylees, persons protected by Temporary Protected Status (TPS) or the Nicaraguan Adjustment of Status and Central American Relief Act (NACARA), or persons on T and U visas. If in doubt, consult an attorney.
