Can Using Benefits Affect my Immigration Status?
1. What Is Public Charge?
If you are applying to become a lawful permanent resident (green card holder) and you have used cash welfare or long-term care (like a nursing home), you may be called a “public charge” meaning the authorities think you will have to rely on government services to live. You might then have a problem getting your green card.
The rules sometimes change on what programs are considered possible “public charge”. Please call one of the groups listed in Help with Immigration Issues or go to www.protectingimmigrantfamilies.org for updated information.
Officials will look at many factors, including your age, your health, your entire family’s (or sponsor’s) income and resources to determine “public charge.” Past use of cash benefits might not count against you if it was several years ago that you received the benefits or if it was only for a short period of time.
You do not have to worry about public charge if you already have a green card (unless you leave the US for more than 6 months at a time and try to re-enter), or if you are applying for citizenship, are a refugee or asylee, or are applying for a green card based on having lived in the US since before 1972. Victims of domestic violence who file a self-petition under the Violence Against Women Act (VAWA) are subject to the “public charge” test. However, they can use all benefits, including cash welfare, without affecting this decision.
The government should not demand that you repay any welfare you correctly received as a condition of giving you legal status. If this happens, call one of the immigrant advocate agencies.
2. Sponsors
Most new immigrants entering into the U.S. through family members are required to have a sponsor sign an “affidavit of support” form.This form is a promise to the government that the sponsor will help to provide economic support for any sponsored immigrants.
If you are a sponsored immigrant and you want to apply for certain government benefits, your sponsor’s income and resources may be added to yours in determining your eligibility for benefits (this is called “deeming”).This deeming rule makes the income of many immigrants too high to qualify for benefits. There is no deeming if you are applying for health care programs, only for CalFresh and cash assistance programs.
Deeming does not apply to some immigrants, including: refugees, asylees, parolees, victims of domestic violence who have filed a “self-petition” for an immigrant visa, or certain other immigrants who are not required to have a sponsor. In addition, some programs have exception for very low income persons called “indigence exceptions”. The rules for there are different for each program. Ask about this when you apply.
If you have a question or problem with “sponsor deeming” contact one of the agencies listed in the section Help with Immigration Issues