is public housing assistance such like sec 8 considered a "means-tested public benefit" as in form I-864?

[Fight for Love 98]

is public housing assistance such like sec 8 considered a "means-tested public benefit" as in form I-864?

just wondering??

[Operator 1,925]

Section 8 housing benefits are considered a means tested benefit under federal law.

[Fight for Love 98]

Section 8 housing benefits are considered a means tested benefit under federal law.

i found this online...

Can an immigrant whose sponsor signed an enforceable Affidavit of Support get public benefits?

An immigrant whose sponsor signed an affidavit of support can get some public benefits. Not all benefits are considered when USCIS decides if an immigrant is going to become a public charge. USCIS focuses on whether the immigrant will need cash benefits for income or long-term health care at the government's expense to determine if an immigrant will become a public charge.

Benefits that are not considered for public charge purposes are:

•Medicaid and some health insurance and health services (including immunizations, treatment of communicable diseases, and use of health clinics)

•Children's Health Insurance Program (CHIP) Nutrition programs

•Housing assistance SO MEANS IS NOT CONSIDERED A PUBLIC BENEFITS

•Child care services

•Energy assistance, such as Low Income Home Energy Assistance Program (LIHEAP)

•Emergency disaster relief

•Foster care and adoption assistance

•Educational assistance

•Job training programs

•Communuty-based programs (such as soup kitchens, shelters, and crisis counseling and intervention)

Please note that not all categories of immigrants can get all of these types of benefits. Also, immigrants who have been in the United States for less than 5 years are generally not eligible for food stamps, Temporary Assistance for Needy Families (TANF), Medicaid, State Children's Health Insurance Program (SCHIP), and Supplemental Security Income (SSI).

[VanessaTony 3,567]

You are confusing "public charge" and "means tested benefits".

Someone who becomes a "public charge" isn't eligible for immigration benefits so you're right that Housing assistance won't affect their ability to AOS BUT it IS a means-tested benefit and if the immigrant uses it the sponsor will be required to pay back the government.

Here is info on the means tested benefits: http://travel.state.gov/visa/immigrants/info/info_3183.html#4

So if the USC uses it it's not a problem for them as long as the immigrant isn't included in the process of getting it. If the immigrant uses it the sponsor will need to pay back what was used to the government.

[Gary and Alla 3,694]

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Edited March 19, 2012 by Gary and Alla

[Fight for Love 98]

i got my answer thru USCIS just in case in the future someone wants to *ASK* similar question.

Q. What publicly funded benefits may not be considered for public charge purposes?

A. Non-cash benefits (other than institutionalization for long-term care) are generally not taken into account for purposes of a public charge determination.

Special-purpose cash assistance is also generally not taken into account for purposes of public charge determination.

Non-cash or special-purpose cash benefits are generally supplemental in nature and do not make a person primarily dependent on the government for subsistence. Therefore, past, current, or future receipt of these benefits do not impact a public charge determination. Non-cash or special purpose cash benefits that are not considered for public charge purposes include:

*Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) other than support for long-term institutional care

*Children's Health Insurance Program (CHIP)

*Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

*Housing benefits

*Child care services

*Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

*Emergency disaster relief

*Foster care and adoption assistance

*Educational assistance (such as attending public school), including benefits under the

*Head Start Act and aid for elementary, secondary, or higher education

Job training programs

*In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

State and local programs that are similar to the federal programs listed above are also generally not considered for public charge purposes. Please be aware that states may adopt different names for the same or similar publicly funded programs. It is the underlying nature of the program, not the name adopted in a particular state, which determines whether or not it should be considered for public charge purposes. In California, for example, Medicaid is called "Medi-Cal" and CHIP is called "Healthy Families." These benefits are not considered for public charge purposes.

In addition, and consistent with existing practice, cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination. Unemployment compensation is also not considered for public charge purposes.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

[Gary and Alla 3,694]

I was going to give an answer but I still do not understand the question, so I am going to ask my own to clarify

Do you mean what benefits could be "counted against" you as a person trying to sponsor an immigrant with an I-864?

OR

Do you mean what benefits an immigrant could receive without them attempting to collect from the sponsor?

[Fight for Love 98]

I was going to give an answer but I still do not understand the question, so I am going to ask my own to clarify

Do you mean what benefits could be "counted against" you as a person trying to sponsor an immigrant with an I-864?

OR

Do you mean what benefits an immigrant could receive without them attempting to collect from the sponsor?

none of those!!!

to make it short my question..."What NOT consider public charge?"

anyways like i mention i already found the link to find my answer..just want to share it here just in case in the future someone wants to ask.

****Also when I was reading some of thread here someone give false information about Unemployment compensation telling someone that it is a public charge. But base on this website. UB is not a public charge. So maybe this link will give idea/s to someone else who has same or maybe similar question.****

Edited March 20, 2012 by takis

[Gary and Alla 3,694]

none of those!!!

to make it short my question..."What NOT consider public charge?"

anyways like i mention i already found the link to find my answer..just want to share it here just in case in the future someone wants to ask.

****Also when I was reading some of thread here someone give false information about Unemployment compensation telling someone that it is a public charge. But base on this website. UB is not a public charge. So maybe this link will give idea/s to someone else who has same or maybe similar question.****

Unemployme t is not means tested and is not even public aid. It is insurance.

OK so do you want to know what is NOT means tested for the purpose of you sponsoring an immigrant or for the purpose of the government collecting?

[VanessaTony 3,567]

none of those!!!

to make it short my question..."What NOT consider public charge?"

anyways like i mention i already found the link to find my answer..just want to share it here just in case in the future someone wants to ask.

****Also when I was reading some of thread here someone give false information about Unemployment compensation telling someone that it is a public charge. But base on this website. UB is not a public charge. So maybe this link will give idea/s to someone else who has same or maybe similar question.****

PUBLIC CHARGE is not the only important information for an immigrant. There are "means tested benefits" (that are required to be paid back to the government by the sponsor) and things that make someone a "public charge" (ineligible for immigration benefits).

Your title asks about "means-tested public benefit" and Section 8 IS a means tested benefit, but it doesn't make you a public charge. Two different issues.

[nintendonana 9]

Hi Guys, I am on a green card right now. Because of hard times after a business failure, I applied for medicaid few months ago. I was reading through this thread and I was shocked to hear that Medicaid is considered a public charge. Should I cancel my Medicaid so that it won't affect me when I apply for citizenship? I have only been getting it for past 4-5 months. 

[phenomx 2]

HUD has concluded that none of its programs are federal means-tested public benefits. This is straight out of the GPO website. 

 

https://www.nationallatinonetwork.org/asscessing-resources/public-benefits/federal-benefits/federal-means-tested-public-benefits

https://www.gpo.gov/fdsys/granule/FR-2000-08-16/00-20803

[Jenny17655 283]

I like this topic. My question would be this: health insurance programs such as the Essential Plan and even advanced premium tax credits through the market place are means tested meaning you qualify for them based on your income. Would your sponsor be liable for these types of assistance as well? Is the immigrants only option full premium health insurance? By the way I found this thread very informative with regards to understanding the difference between what makes someone a public charge and what makes a sponsor liable. 

Edited September 2, 2018 by Jenny17655

[Jenny17655 283]

ALSO immigrants,  within their first 5 years of residency aren't even eligible for means tested benefits so what risk is there to the I864 sponsor if the immigrant becomes a citizen within the 5 years?

[TBoneTX 43,157]

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