food stamp

[NigeriaorBust 4,087]

Simply her income counts and her body doesn't. So "they" apply and the each make 10k the income is 20k but the number of people ( usc's) is one. Long ago there was a woman that had been a decades long welfare recepient and even though she had a co sponsor they still denied because they felt there are a long term pattern of use of means tested benefits. Can't find the thread but it was about 3 years ago.

[bigdog 376]

Get legal advise if needed otherwise good luck.

[AYMAN_RINA 92]

Here Is A Good Link for what is public charge and what isn't ...http://www.visajourney.com/forums/topic/358634-affidavit-of-support-past-welfare-benefits-reciever/ Good Luck

[Fight for Love 98]

hello friends

Today me and a friend was having a debate, she is the non US citizen and is now pregnant, her husband is the USC, they are doing AOS, the husband is already on foodstamps and is planning to apply for medicaid, due to the pregnancy, will this affect their AOS process with immigration? they also have a joint sponsor.

your feedback will be greatly appreciated

thanks for your help in advance

in state of california base on USCIS..medi-cal or healthy family is not means tested. here i copy and paste it.

Public Charge

Q. What is a public charge and when does it apply?

A. For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

Q. How is it determined whether someone is likely to become a public charge for admission or adjustment purposes?

A. Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a U.S. Citizenship and Immigration Services (USCIS) officer must consider the following factors when making a public charge determination:

Age

Health

Family status

Assets

Resources

Financial status

Education and skills

The officer may also consider any affidavit of support filed on behalf of the individual under Section 213A of the INA. Presence or absence of a single factor cannot be the sole criteria for determining inadmissibility as a public charge, (unless that factor is the absence or insufficiency of an affidavit of support when required by the laws and regulations governing a specific immigration benefit, such as certain family-based adjustment of status applications).

In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individual’s receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual is likely to become primarily dependent on the government for subsistence as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance. Non-cash benefits that USCIS does not consider are discussed in greater detail below.

Q. What publicly funded benefits may be considered for public charge purposes?

A. Cash assistance for income maintenance and institutionalization for long-term care at government expense may be considered for public charge purposes. However, receipt of such benefits must still be considered in the context of the totality of the circumstances before a person will be deemed inadmissible on public charge grounds.

Public benefits that are received by one member of a family are also not attributed to other family members for public charge purposes unless the cash benefits amount to the sole support of the family.

Acceptance of the following types of assistance may lead to the determination that the individual is likely to become a public charge:

Supplemental Security Income (SSI) under Title XVI of Social Security Act

Temporary Assistance for Needy Families (TANF) cash assistance (part A of Title IV of the Social Security Act--the successor to the AFDC program) (Note: Non cash benefits under TANF such as subsidized child care or transit subsidies cannot be considered and non-recurrent cash payments for crisis situations cannot be considered for evidence of public charge)

State and local cash assistance programs that provide benefits for income maintenance (often called "General Assistance" programs)

Programs (including Medicaid) supporting individuals who are institutionalized for long-term care (e.g., in a nursing home or mental health institution). (Note: costs of incarceration for prison are not considered for public charge determinations)

This is not an exhaustive list of the types of cash benefits that could lead to a determination that a person is likely to become primarily dependent on the government for subsistence, and thus, a public charge. Receipt of any such cash benefits not listed above will continue to be assessed under the “totality of the circumstances” analysis described above.

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.

Q. Am I required to file an affidavit of support?

A. Form I-864, Affidavit of Support, is a form that a qualified individual (a sponsor) files on your behalf when you are applying for a green card or immigrant visa under certain family-related provisions. The purpose of the form is to show that you have the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. The law requires that the sponsor demonstrate that he or she is able to assist you financially. The sponsor must show that he or she has an annual income of not less than 125 percent of the federal poverty level. The federal poverty guidelines are set once a year, and can be found on Form I-864P, Poverty Guidelines.

The following individuals are required to file an Affidavit of Support completed by their sponsor:

Immediate relatives of U.S. citizens (including orphans)

All family based preference categories:

First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)

Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children

Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children

Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children

Employment based immigrants who will work for a relative or for a firm in which a U.S. citizen or a permanent resident relative holds a 5 percent or more ownership interest

Failure to file a qualifying Affidavit of Support showing sufficient income levels, when required, makes you inadmissible under Section 212(a)(4) of the INA. Note: Individuals whom the USCIS has approved as self-petitioning widows or widowers or battered spouses and children are exempt from filing an Affidavit of Support but must still file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.

For more information, see the “Affidavit of Support” link to the left.

Q. Does public charge apply to me?

A. For benefits adjudicated by USCIS, whether a person is likely to become a public charge is usually considered when someone is trying to become a permanent resident (get a green card). It is also considered when someone applies for certain non-immigrant or other temporary benefits, for example by extending non-immigrant status within the United States.

There are certain groups of people who are either exempt from public charge, or may get a waiver for public charge when applying for a green card or other benefits with USCIS. These include:

1.Refugees

2.Asylum applicants

3.Refugees and asylees applying for adjustment to permanent resident status

4.Amerasian Immigrants (for their initial admission)

5.Individuals granted relief under the Cuban Adjustment Act (CAA)

6.Individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA)

7.Individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA)

8.Individuals applying for a T Visa

9.Individuals applying for a U Visa

10.Individuals who possess a T visa and are trying to become a permanent resident (get a green card)

11.Individuals who possess a U visa and are trying to become a permanent resident (get a green card)

12.Applicants for Temporary Protected Status (TPS)

13.Certain applicants under the LIFE Act Provisions

Q. What if I am in removal proceedings or at a Port of Entry?

A. For information on public charge determinations in removal proceedings and at ports of entry, refer to the complete Field Guidance for Deportability and Inadmissibility on Public Charge Grounds; 64 FR 28689 (May 26, 1999) (see “Guidance on Public Charge” link to the right).

Q. How can I learn more about public charge?

A. For the complete published policy on public charge refer to the Published Policy on Public Charge: INA Sections 212(a)(4) and 237(a)(5) (see “Guidance on Public Charge” link to the right).

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

Edited April 14, 2012 by takis

[AYMAN_RINA 92]

in state of california base on USCIS..medi-cal or healthy family is not means tested. here i copy and paste it.

Public Charge

Q. What is a public charge and when does it apply?

A. For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

Q. How is it determined whether someone is likely to become a public charge for admission or adjustment purposes?

A. Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a U.S. Citizenship and Immigration Services (USCIS) officer must consider the following factors when making a public charge determination:

Age

Health

Family status

Assets

Resources

Financial status

Education and skills

The officer may also consider any affidavit of support filed on behalf of the individual under Section 213A of the INA. Presence or absence of a single factor cannot be the sole criteria for determining inadmissibility as a public charge, (unless that factor is the absence or insufficiency of an affidavit of support when required by the laws and regulations governing a specific immigration benefit, such as certain family-based adjustment of status applications).

In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individual’s receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual is likely to become primarily dependent on the government for subsistence as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance. Non-cash benefits that USCIS does not consider are discussed in greater detail below.

Q. What publicly funded benefits may be considered for public charge purposes?

A. Cash assistance for income maintenance and institutionalization for long-term care at government expense may be considered for public charge purposes. However, receipt of such benefits must still be considered in the context of the totality of the circumstances before a person will be deemed inadmissible on public charge grounds.

Public benefits that are received by one member of a family are also not attributed to other family members for public charge purposes unless the cash benefits amount to the sole support of the family.

Acceptance of the following types of assistance may lead to the determination that the individual is likely to become a public charge:

Supplemental Security Income (SSI) under Title XVI of Social Security Act

Temporary Assistance for Needy Families (TANF) cash assistance (part A of Title IV of the Social Security Act--the successor to the AFDC program) (Note: Non cash benefits under TANF such as subsidized child care or transit subsidies cannot be considered and non-recurrent cash payments for crisis situations cannot be considered for evidence of public charge)

State and local cash assistance programs that provide benefits for income maintenance (often called "General Assistance" programs)

Programs (including Medicaid) supporting individuals who are institutionalized for long-term care (e.g., in a nursing home or mental health institution). (Note: costs of incarceration for prison are not considered for public charge determinations)

This is not an exhaustive list of the types of cash benefits that could lead to a determination that a person is likely to become primarily dependent on the government for subsistence, and thus, a public charge. Receipt of any such cash benefits not listed above will continue to be assessed under the “totality of the circumstances” analysis described above.

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.

Q. Am I required to file an affidavit of support?

A. Form I-864, Affidavit of Support, is a form that a qualified individual (a sponsor) files on your behalf when you are applying for a green card or immigrant visa under certain family-related provisions. The purpose of the form is to show that you have the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. The law requires that the sponsor demonstrate that he or she is able to assist you financially. The sponsor must show that he or she has an annual income of not less than 125 percent of the federal poverty level. The federal poverty guidelines are set once a year, and can be found on Form I-864P, Poverty Guidelines.

The following individuals are required to file an Affidavit of Support completed by their sponsor:

Immediate relatives of U.S. citizens (including orphans)

All family based preference categories:

First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)

Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children

Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children

Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children

Employment based immigrants who will work for a relative or for a firm in which a U.S. citizen or a permanent resident relative holds a 5 percent or more ownership interest

Failure to file a qualifying Affidavit of Support showing sufficient income levels, when required, makes you inadmissible under Section 212(a)(4) of the INA. Note: Individuals whom the USCIS has approved as self-petitioning widows or widowers or battered spouses and children are exempt from filing an Affidavit of Support but must still file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.

For more information, see the “Affidavit of Support” link to the left.

Q. Does public charge apply to me?

A. For benefits adjudicated by USCIS, whether a person is likely to become a public charge is usually considered when someone is trying to become a permanent resident (get a green card). It is also considered when someone applies for certain non-immigrant or other temporary benefits, for example by extending non-immigrant status within the United States.

There are certain groups of people who are either exempt from public charge, or may get a waiver for public charge when applying for a green card or other benefits with USCIS. These include:

1.Refugees

2.Asylum applicants

3.Refugees and asylees applying for adjustment to permanent resident status

4.Amerasian Immigrants (for their initial admission)

5.Individuals granted relief under the Cuban Adjustment Act (CAA)

6.Individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA)

7.Individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA)

8.Individuals applying for a T Visa

9.Individuals applying for a U Visa

10.Individuals who possess a T visa and are trying to become a permanent resident (get a green card)

11.Individuals who possess a U visa and are trying to become a permanent resident (get a green card)

12.Applicants for Temporary Protected Status (TPS)

13.Certain applicants under the LIFE Act Provisions

Q. What if I am in removal proceedings or at a Port of Entry?

A. For information on public charge determinations in removal proceedings and at ports of entry, refer to the complete Field Guidance for Deportability and Inadmissibility on Public Charge Grounds; 64 FR 28689 (May 26, 1999) (see “Guidance on Public Charge” link to the right).

Q. How can I learn more about public charge?

A. For the complete published policy on public charge refer to the Published Policy on Public Charge: INA Sections 212(a)(4) and 237(a)(5) (see “Guidance on Public Charge” link to the right).

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

Exactly the link I sent

[aaron2020 11,651]

in state of california base on USCIS..medi-cal or healthy family is not means tested. here i copy and paste it.

Public Charge

Q. What is a public charge and when does it apply?

A. For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

Q. How is it determined whether someone is likely to become a public charge for admission or adjustment purposes?

A. Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a U.S. Citizenship and Immigration Services (USCIS) officer must consider the following factors when making a public charge determination:

Age

Health

Family status

Assets

Resources

Financial status

Education and skills

The officer may also consider any affidavit of support filed on behalf of the individual under Section 213A of the INA. Presence or absence of a single factor cannot be the sole criteria for determining inadmissibility as a public charge, (unless that factor is the absence or insufficiency of an affidavit of support when required by the laws and regulations governing a specific immigration benefit, such as certain family-based adjustment of status applications).

In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individual’s receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual is likely to become primarily dependent on the government for subsistence as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance. Non-cash benefits that USCIS does not consider are discussed in greater detail below.

Q. What publicly funded benefits may be considered for public charge purposes?

A. Cash assistance for income maintenance and institutionalization for long-term care at government expense may be considered for public charge purposes. However, receipt of such benefits must still be considered in the context of the totality of the circumstances before a person will be deemed inadmissible on public charge grounds.

Public benefits that are received by one member of a family are also not attributed to other family members for public charge purposes unless the cash benefits amount to the sole support of the family.

Acceptance of the following types of assistance may lead to the determination that the individual is likely to become a public charge:

Supplemental Security Income (SSI) under Title XVI of Social Security Act

Temporary Assistance for Needy Families (TANF) cash assistance (part A of Title IV of the Social Security Act--the successor to the AFDC program) (Note: Non cash benefits under TANF such as subsidized child care or transit subsidies cannot be considered and non-recurrent cash payments for crisis situations cannot be considered for evidence of public charge)

State and local cash assistance programs that provide benefits for income maintenance (often called "General Assistance" programs)

Programs (including Medicaid) supporting individuals who are institutionalized for long-term care (e.g., in a nursing home or mental health institution). (Note: costs of incarceration for prison are not considered for public charge determinations)

This is not an exhaustive list of the types of cash benefits that could lead to a determination that a person is likely to become primarily dependent on the government for subsistence, and thus, a public charge. Receipt of any such cash benefits not listed above will continue to be assessed under the “totality of the circumstances” analysis described above.

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.

Q. Am I required to file an affidavit of support?

A. Form I-864, Affidavit of Support, is a form that a qualified individual (a sponsor) files on your behalf when you are applying for a green card or immigrant visa under certain family-related provisions. The purpose of the form is to show that you have the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. The law requires that the sponsor demonstrate that he or she is able to assist you financially. The sponsor must show that he or she has an annual income of not less than 125 percent of the federal poverty level. The federal poverty guidelines are set once a year, and can be found on Form I-864P, Poverty Guidelines.

The following individuals are required to file an Affidavit of Support completed by their sponsor:

Immediate relatives of U.S. citizens (including orphans)

All family based preference categories:

First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)

Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children

Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children

Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children

Employment based immigrants who will work for a relative or for a firm in which a U.S. citizen or a permanent resident relative holds a 5 percent or more ownership interest

Failure to file a qualifying Affidavit of Support showing sufficient income levels, when required, makes you inadmissible under Section 212(a)(4) of the INA. Note: Individuals whom the USCIS has approved as self-petitioning widows or widowers or battered spouses and children are exempt from filing an Affidavit of Support but must still file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.

For more information, see the “Affidavit of Support” link to the left.

Q. Does public charge apply to me?

A. For benefits adjudicated by USCIS, whether a person is likely to become a public charge is usually considered when someone is trying to become a permanent resident (get a green card). It is also considered when someone applies for certain non-immigrant or other temporary benefits, for example by extending non-immigrant status within the United States.

There are certain groups of people who are either exempt from public charge, or may get a waiver for public charge when applying for a green card or other benefits with USCIS. These include:

1.Refugees

2.Asylum applicants

3.Refugees and asylees applying for adjustment to permanent resident status

4.Amerasian Immigrants (for their initial admission)

5.Individuals granted relief under the Cuban Adjustment Act (CAA)

6.Individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA)

7.Individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA)

8.Individuals applying for a T Visa

9.Individuals applying for a U Visa

10.Individuals who possess a T visa and are trying to become a permanent resident (get a green card)

11.Individuals who possess a U visa and are trying to become a permanent resident (get a green card)

12.Applicants for Temporary Protected Status (TPS)

13.Certain applicants under the LIFE Act Provisions

Q. What if I am in removal proceedings or at a Port of Entry?

A. For information on public charge determinations in removal proceedings and at ports of entry, refer to the complete Field Guidance for Deportability and Inadmissibility on Public Charge Grounds; 64 FR 28689 (May 26, 1999) (see “Guidance on Public Charge” link to the right).

Q. How can I learn more about public charge?

A. For the complete published policy on public charge refer to the Published Policy on Public Charge: INA Sections 212(a)(4) and 237(a)(5) (see “Guidance on Public Charge” link to the right).

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

There is a big difference between 1) an immigrant applicant who has ALREADY received food stamps who is seeking an immigration benefit versus 2) an LPR who applies for food stamp.

The bold statement above only applies when someone is seeking an immigration benefit. The public charge issue is only relevant at the time an immigrant benefit is requested. The question is whether the intending immigrant will likely be a public charge? This inquiry does not focus on the rest of the family who may be US citizens. If the intending immigrant used food stamp or Medi-Cal, the benefits are not used for public charge purposes when the immigrant applies for an immigration benefit. (NOTICE THAT "MEANS TESTED BENEFITS" is not mentioned anywhere in the article you posted.)

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Just because food stamps and Medi-Cal are not used for public charge purposes, it does not means they are not means tested benefits. Read this from the US State Department; http://travel.state.gov/visa/immigrants/info/info_3183.html#4

Means Tested Public Benefits

Federal means tested public benefits are the following:

Food stamps

Supplemental Security Income (SSI)

Medicaid

Temporary Assistance for Needy Families (TANF)

State Child Health Insurance Program (CHIP)

FAQs: Means Tested Public Benefits

Can the applicant use government assistance or public benefits?

What assistance programs are not considered means tested public benefit programs?

Can the applicant use government assistance or public benefits?

If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits.

What assistance programs are not considered means tested public benefit programs?

The following types of assistance are not considered means tested public benefits and do not have to be repaid.

Emergency Medicaid

School lunches

Immunizations and treatment for communicable diseases

Student assistance to attend colleges and institutions of higher learning

Some kinds of foster care or adoption assistance

Job training programs

Head start

Short-term, non-cash emergency relief

----------------------

Now, it's different when an LPR with a 5 years restriction on receiving a means tested benefit and his/her family apply for food stamps. The LPR cannot receive a means tested benefit. The LPR cannot receive food stamps or Medicaid (Medi-Cal). The rest of the family which consists of a US citizen spouse and US citizen child can receive those benefits.

Generally, this is how it works. A family of 3; US citizen husband, LPR wife, and US citizen child. Family applies for food stamps. Wife's income is used to determine household and needs. Benefits given is solely for the husband and child. There is no benefit given to the wife.

What the family do with the food it purchase is irrelevant. They can give some to the wife if they want. There is no restriction on what people can do with the food after it is purchased. (Can you imagine how the government would regulate this. It's impossible. If there was, a food stamp recipient could never offer an food to guests in his/her home.)

The wife receives no direct benefit from food stamps.

[aaron2020 11,651]

in state of california base on USCIS..medi-cal or healthy family is not means tested. here i copy and paste it.

Public Charge

Q. What is a public charge and when does it apply?

A. For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

Q. How is it determined whether someone is likely to become a public charge for admission or adjustment purposes?

A. Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a U.S. Citizenship and Immigration Services (USCIS) officer must consider the following factors when making a public charge determination:

Age

Health

Family status

Assets

Resources

Financial status

Education and skills

The officer may also consider any affidavit of support filed on behalf of the individual under Section 213A of the INA. Presence or absence of a single factor cannot be the sole criteria for determining inadmissibility as a public charge, (unless that factor is the absence or insufficiency of an affidavit of support when required by the laws and regulations governing a specific immigration benefit, such as certain family-based adjustment of status applications).

In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individual’s receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual is likely to become primarily dependent on the government for subsistence as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance. Non-cash benefits that USCIS does not consider are discussed in greater detail below.

Q. What publicly funded benefits may be considered for public charge purposes?

A. Cash assistance for income maintenance and institutionalization for long-term care at government expense may be considered for public charge purposes. However, receipt of such benefits must still be considered in the context of the totality of the circumstances before a person will be deemed inadmissible on public charge grounds.

Public benefits that are received by one member of a family are also not attributed to other family members for public charge purposes unless the cash benefits amount to the sole support of the family.

Acceptance of the following types of assistance may lead to the determination that the individual is likely to become a public charge:

Supplemental Security Income (SSI) under Title XVI of Social Security Act

Temporary Assistance for Needy Families (TANF) cash assistance (part A of Title IV of the Social Security Act--the successor to the AFDC program) (Note: Non cash benefits under TANF such as subsidized child care or transit subsidies cannot be considered and non-recurrent cash payments for crisis situations cannot be considered for evidence of public charge)

State and local cash assistance programs that provide benefits for income maintenance (often called "General Assistance" programs)

Programs (including Medicaid) supporting individuals who are institutionalized for long-term care (e.g., in a nursing home or mental health institution). (Note: costs of incarceration for prison are not considered for public charge determinations)

This is not an exhaustive list of the types of cash benefits that could lead to a determination that a person is likely to become primarily dependent on the government for subsistence, and thus, a public charge. Receipt of any such cash benefits not listed above will continue to be assessed under the “totality of the circumstances” analysis described above.

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.

Q. Am I required to file an affidavit of support?

A. Form I-864, Affidavit of Support, is a form that a qualified individual (a sponsor) files on your behalf when you are applying for a green card or immigrant visa under certain family-related provisions. The purpose of the form is to show that you have the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. The law requires that the sponsor demonstrate that he or she is able to assist you financially. The sponsor must show that he or she has an annual income of not less than 125 percent of the federal poverty level. The federal poverty guidelines are set once a year, and can be found on Form I-864P, Poverty Guidelines.

The following individuals are required to file an Affidavit of Support completed by their sponsor:

Immediate relatives of U.S. citizens (including orphans)

All family based preference categories:

First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)

Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children

Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children

Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children

Employment based immigrants who will work for a relative or for a firm in which a U.S. citizen or a permanent resident relative holds a 5 percent or more ownership interest

Failure to file a qualifying Affidavit of Support showing sufficient income levels, when required, makes you inadmissible under Section 212(a)(4) of the INA. Note: Individuals whom the USCIS has approved as self-petitioning widows or widowers or battered spouses and children are exempt from filing an Affidavit of Support but must still file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.

For more information, see the “Affidavit of Support” link to the left.

Q. Does public charge apply to me?

A. For benefits adjudicated by USCIS, whether a person is likely to become a public charge is usually considered when someone is trying to become a permanent resident (get a green card). It is also considered when someone applies for certain non-immigrant or other temporary benefits, for example by extending non-immigrant status within the United States.

There are certain groups of people who are either exempt from public charge, or may get a waiver for public charge when applying for a green card or other benefits with USCIS. These include:

1.Refugees

2.Asylum applicants

3.Refugees and asylees applying for adjustment to permanent resident status

4.Amerasian Immigrants (for their initial admission)

5.Individuals granted relief under the Cuban Adjustment Act (CAA)

6.Individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA)

7.Individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA)

8.Individuals applying for a T Visa

9.Individuals applying for a U Visa

10.Individuals who possess a T visa and are trying to become a permanent resident (get a green card)

11.Individuals who possess a U visa and are trying to become a permanent resident (get a green card)

12.Applicants for Temporary Protected Status (TPS)

13.Certain applicants under the LIFE Act Provisions

Q. What if I am in removal proceedings or at a Port of Entry?

A. For information on public charge determinations in removal proceedings and at ports of entry, refer to the complete Field Guidance for Deportability and Inadmissibility on Public Charge Grounds; 64 FR 28689 (May 26, 1999) (see “Guidance on Public Charge” link to the right).

Q. How can I learn more about public charge?

A. For the complete published policy on public charge refer to the Published Policy on Public Charge: INA Sections 212(a)(4) and 237(a)(5) (see “Guidance on Public Charge” link to the right).

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

Exactly the link I sent

You both missed a very import part from the link you provided. As I stated above, the public charge determination is made only when an immigration benefit is being sought. It does not apply when the person is seeking a means tested benefit.

PUBLIC CHARGE DETERMINATION IS NOT THE SAME AS RECEIVING A MEANS TESTED BENEFIT. The public charge issue is only relevant at the time of admission or applying to adjust status. It does not apply afterwards for immigration purposes. No one gets kicked out the country after admission or adjustment for becoming a public charge.

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

Q. What is a public charge and when does it apply?

A. For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

[KKJJ 16]

hello friends

Today me and a friend was having a debate, she is the non US citizen and is now pregnant, her husband is the USC, they are doing AOS, the husband is already on foodstamps and is planning to apply for medicaid, due to the pregnancy, will this affect their AOS process with immigration? they also have a joint sponsor.

your feedback will be greatly appreciated

thanks for your help in advance

When I was pregnant I was on medicaid cause my husband can't get me on his insurance before the public aid office told me that I won't be a public charge because its for the baby and not for me so right after I deliver the baby my medicaid stops but not for the baby cause he is a citizen. Im currently in my AOS process and on my I-485 form I check the box that says if im receiving public assistance so hopefully it wont affect my AOS process.

Good Luck to you and the baby

[Myopia 93]

Depending on where you live, you can try for a program that allows you to have a reduced expense. In NYC you can apply for insurance within the hospital which means you will be able to get service at sometimes a significantly reduced rate.

[aaron2020 11,651]

hello friends

Today me and a friend was having a debate, she is the non US citizen and is now pregnant, her husband is the USC, they are doing AOS, the husband is already on foodstamps and is planning to apply for medicaid, due to the pregnancy, will this affect their AOS process with immigration? they also have a joint sponsor.

your feedback will be greatly appreciated

thanks for your help in advance

When I was pregnant I was on medicaid cause my husband can't get me on his insurance before the public aid office told me that I won't be a public charge because its for the baby and not for me so right after I deliver the baby my medicaid stops but not for the baby cause he is a citizen. Im currently in my AOS process and on my I-485 form I check the box that says if im receiving public assistance so hopefully it wont affect my AOS process.

Good Luck to you and the baby

The general rule is that an LPR cannot qualify for means tested benefits for the first five years of residency.

When an LPR woman is pregnant, there are competing issues between immigration benefits versus health. This is further complicated when the father is a US citizen which entitles the child born to be a US citizen. Is it better for society to provide a prohibited benefits to the woman or impair the health of both mother and child? What is the cost to the US for a US citizen child who's mother was denied health care during pregnancy?

No sane politician wants to be on the news denying prenatal care to a legal immigrant carrying the child of a US citizen. This is why, the politicians have created an exception. The exception is that the health care given to the LPR in the form of Medicaid is primarily for the benefit of the child and the US citizen father (who has an interest in having a healthy child).

Read this from the State of Washington; http://www.dshs.wa.gov/manuals/eaz/sections/CitizenshipAndAlienStatus/CitizenshipImmEligResTanfMed.shtml Citizenship and Alien Status - Immigrant Eligibility Restrictions for the Temporary Assistance for Needy Families (TANF) and Medical Assistance Programs

Then read the exception for pregnant women from the State of Washington; http://www.dshs.wa.gov/manuals/wac/388-462-0015.shtml WAC 388-462-0015 Medical eligibility for pregnant women.

Then read this from the State of North Carolina (read the last sentence); http://info.dhhs.state.nc.us/olm/manuals/dma/fcm/man/MA3330-03.htm

5. Qualified alien pregnant women and children under age 19 lawfully residing in the US who have not met the 5-year disqualification period (bar) are exempt from the 5-year mandatory disqualification period (bar) and may receive full Medicaid if otherwise eligible. See IX. below.

[Dana-Mića 51]

I think a pregnant lpr should be able to get Medicaid if needed without having the sponsore be charged because the govt here gives Medicaid and obscene amounts of food stamps to illegal immigrant parents and they don't get charged. I know that this Is because their children are citizens but than so are the ones of LPRs.

[ceadsearc 515]

The government doesn't give money to illegal immigrants unless someone is screwing up. Just like most LPRs, they are not eligible. If they are receiving it they are either commiting fraud or the benefits office doesn't know what they are doing.

Also, just because a benefit is not considered in public charge determination does NOT mean it isn't means tested. Medi-cal IS means tested and a sponsor can be asked to repay.

[Dana-Mića 51]

I worked in a supermarket In my neighborhood and well know a lot of illegal immigrants who have food stamps because they have children who are born here and they had Medicaid while pregnant,

[MissAAA 9]

He or she should check with a lawyer. This situation is very complex

[ceadsearc 515]

I worked in a supermarket In my neighborhood and well know a lot of illegal immigrants who have food stamps because they have children who are born here and they had Medicaid while pregnant,

If their children were born here then THEY are USCs and are eligible for food stamps. Again, unless someone messed up, they should only be receiving enough to cover tr children. Additionally, Medicaid to cover pregnancy is often different than regular Medicaid. LPRs may be eligible for this without a waiting period and in some states illegal immigrants may be as well. Just because they are eligible, however, does not mean it won't have to be paid back down the line.