‘Public charge’: What counts, what doesn’t

If the new “public charge” rule takes effect Oct. 15 without legal obstacles, here are some of the factors guiding who gets permanent-resident status (it will mainly affect those filing family-member petitions):

>> A public charge (which weighs against approval) would be defined as a person who receives public benefits exceeding a total of 12 months over any 36-month period. Each benefit used counts toward the 12-month tally. For example, if an applicant receives two different benefits in one month, that would count as two-months’ use of benefits.

>> The list of publicly funded programs that immigration officers may consider has expanded. It now includes: Medicaid; the Supplemental Nutrition Assistance Program; Section 8 housing assistance and federally subsidized housing; the federal cash benefits Temporary Assistance for Needy Families and Supplemental Security Income; and any state or local cash assistance program.

>> Benefits received by family members of the immigrant will not factor into finding the immigrant a “public charge”; neither will Medicaid received by applicants under age 21 or while pregnant, emergency medical care or disaster relief.

>> Prior receipt of benefits is only one factor. The new rule sets out criteria for assessing how likely a person will need more than 12 months of public benefits over a 36-month period into the future. The rule also elaborates on criteria for considering financial status, size of family, age, education, skills and employment, among others.

>> Immigration officers will be able to count English proficiency as a positive, or lack of English proficiency as a negative. Medical conditions and the availability of private health insurance also can be weighed.

Other positives will include having an income of 250% of the federal poverty level; other negatives will include having less than 125%, which, for a couple, is an annual income of $24,325. How an officer should decide a case with a “heavily weighted factor,” or both heavily weighted negative and positive factors, is unclear.

>> Immigrants will be required to attach an additional form, a “Declaration of Self-Sufficiency.”