Public Charge ?

[Alexmat1 9]

I came into the country in 2013 on a conditional green card. I went through a divorce and thus had to file I-751 during divorce. It was denied because my divorce case was ongoing and I couldnt submit the divorce decree. This was in 2015.

In 2020, I reapplied I-751 again (the 5 years in between was tough and reapplying was on the back burner). My I-751 is in process and I have been fingerprinted. During this time I had to rely on Food stamps and Medicaid because I couldnt work for a long time. I  assume these are not considered as public charge and wouldnt be counted against me when they decide on my I-751 to issue me a permanent green card ? 
 

Last year and this year I also applied to Covid rent relief program (a program run by Federal and State governments) where they paid for the rent to landlords if tenants were low income or facing eviction. I qualified because I couldnt work. I received rent for about 15 months. Though it is not a cash aid program as in I didnt receive cash in my hand, it still was money paid to my landlord for rent. 

Is this considered as a public charge ? Would this affect my I-751 or issuance of permanent Green card ? 

 

[HRQX 4,145]

20 minutes ago, Alexmat1 said:

Would this affect my I-751

There isn't a public charge determination when adjudicating Form I-751.

20 minutes ago, Alexmat1 said:

I came into the country in 2013 on a conditional green card.

If you want you can also file Form N-400 since more than five years have passed since 2013: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 You can still file N-400 while the I-751 is pending.

Edited October 10, 2021 by HRQX

[Alexmat1 9]

32 minutes ago, HRQX said:

There isn't a public charge determination when adjudicating Form I-751.

If you want you can also file Form N-400 since more than five years have passed since 2013: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 You can still file N-400 while the I-751 is pending.

Thanks. But if I travel and re enter the country, every time a green card or conditional card holder enters US, they are subject to public charge evaluation. Couldnt the CBP officer see I have been a recipient of these programs and stop me ? I havent travelled for many years because of this.

 

33 minutes ago, HRQX said:

There isn't a public charge determination when adjudicating Form I-751.

If you want you can also file Form N-400 since more than five years have passed since 2013: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3 You can still file N-400 while the I-751 is pending.

Yes I did that. I applied for N-400 right after I-751 thinking it will speed up the process. 

[HRQX 4,145]

7 minutes ago, Alexmat1 said:

Thanks. But if I travel and re enter the country, every time a green card or conditional card holder enters US, they are subject to public charge evaluation.

http://myattorneyusa.com/when-an-lpr-is-treated-as-applicant-for-admission "With very limited exceptions, a person admitted for lawful permanent residence cannot be considered to be “seeking admission” into the United States. This means that an LPR, unless he or she falls under one of the exceptions in section 101(a)(13)(C) of the Immigration and Nationality Act (INA), cannot be charged with inadmissibility under section 212(a)."

 

See INA 101(a)(13)(C):

Quote

An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(i) has abandoned or relinquished that status,

(ii) has been absent from the United States for a continuous period in excess of 180 days,

(iii) has engaged in illegal activity after having departed the United States,

(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,

(v) has committed an offense identified in section 1182(a)(2) of this title, unless since such offense the alien has been granted relief under section 1182(h) or 1229b(a) of this title, or

(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.