Can they refuse a Green Card if you receive benefits?
Many migrants, even those who have the last $20 in their pocket and a hungry family, are afraid to receive help from the state, because... There has been a change to the Public Charge rule, which states that people who may qualify as a public charge will not be able to obtain a Green Card. The judge will see that at first the new arrivals received benefits, sat on the neck of the country, and in connection with this he may refuse to issue a green card. We combed through the information available to us and this is what we found out, but we are not lawyers, the full text of the law is for review, and we will briefly write the main points. The news about the rule change, which came into force on December 23, 2022, published on the USCIS website, states that the following are not criteria for Public Charge:
-free health insurance - Medicaid
-help with nutrition - Food Stamps
But receiving TANF cash benefits is a criterion that a person has become a burden on the state. But all of these changes to the Public Charge rule do not apply to water claimants. shelters:
refugees and asylees are exempt from the public charge ground of inadmissibility by statute, and those exemptions are reflected in new 8 CFR 212.23(a)(1) and (2). DHS will not consider any public benefits received by these populations.
Section 212.23 lists a long list of exceptions to who is not covered by this rule, including:
•Refugees - refugees.
•Asylees - asylum seekers.
•Aliens with TPS - foreigners with TPS status.
Therefore, it is possible to receive cash benefits, insurance and assistance with food; they will give you a green card.
*regarding Ukrainian citizens who arrived under the U4U program, if they suddenly make an adjustment of status. Here it is better to discuss your case with a lawyer, because... Initially, a person must have a sponsor who fully provides for the migrant.
This information does not constitute legal advice.
Source: Telegram channel “Lukova & Lyubimov in USA”
