The list of benefits for which the immigrant can recognize the ‘public burden’

The Department of homeland security (DHS) has enacted a rule about “public burden”, from 24 February 2020, including in Illinois. This is stated in the message on the website of citizenship and US immigration services (USCIS).

Список льгот и пособий, из-за которых иммигранта могут признать 'общественной обузой'

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For the first time, DHS published a rule about “public burden” on 14 August 2019, but shortly before it was to come into force on 15 November 2019, several Federal courts have blocked it. February 21, 2020, the US Supreme court lifted the last bans on the implementation of the rules.

USCIS will apply the final rule to all filings that will be submitted from February 24. For applications sent by commercial courier (e.g., UPS, FedEx, or DHL), the date of filing is the date specified in the receipt of the courier. USCIS will reject any applications that do not comply with the new rule, including those filed by aliens residing in Illinois, or on their behalf, if the application was filed after February 24.

The rule about “public burden” requires the candidates to replace the status been the recipients of social benefits and privileges.

Due to the related litigation, delays in the implementation of the rules of the USCIS applies this requirement from 24 February 2020, not October 15, 2019.

Applicants for adjustment of status should not disclose the statement about receipt of state benefits (e.g. food stamps, Medicaid and the like), if they received them until February 24.

USCIS also will not take into account if the applicant received public benefits (e.g., Temporary assistance for needy families, supplemental income security) if they were received before February 24, 2020.

The concept of “public nuisance” is part of the US law on immigration is already more than 100 years.

Alien who at any moment can become a “public burden”, generally considered to be unacceptable for entry into the United States and not be eligible to become a lawful permanent resident.

In accordance with the new rule, a “public nuisance” is defined as an alien who has received one or more state benefits for more than 12 months during any 36-month period.

However, receiving government benefits do not automatically increase the likelihood that a person will become a “public burden”. As stated on the USCIS website, this information is needed “to help citizens make an informed choice on whether to apply for certain public benefits.”

In accordance with section 212 (a) (4) of the immigration and nationality (INA), 8 U. S. C. 1182 (a) (4), an alien applying for permission to enter the United States or trying to obtain the status of a lawful permanent resident (a green card), is an unacceptable candidate, if the alien “at the time of submission of application for admission or adjustment” of status, can not prove that he at any time will not become a “public burden”. If he didn’t, he was not allowed to enter the U.S. or adjust their status.

Applicability and exceptions

The last rule applies to two types of applicants:

  • applicants for change of status to lawful permanent resident status;
  • applicants for extension of stay or change of status.

Congress has made some exceptions to the rule about “public burden”, this rule does not apply to:

  • refugees;
  • persons granted asylum;
  • some applicants to obtain nonimmigrant visas T and U (trafficking and victims of crime);
  • recipients of the visa in accordance with the Law on violence against women.

Full list of exceptions to “public burden” by reference.

The definition of “public burden”

Under the concept of “public solicitation” shall mean an alien who obtains one or more public benefits a total of more than 12 months during any 36-month period. If he gets two benefits at the same time, one month is counted as 2 months.

In accordance with the rule, “the probability at any time become a public burden” means that there is a strong likelihood that the alien may receive state benefits for more than 12 months during any 36-month period.

USCIS officers consider the totality of the circumstances of a foreigner when deciding whether the applicant at any time become a “public burden”. This means that the employee must weigh both positive and negative factors.

When deciding on recognition of an alien “social burden” USCIS officer must consider:

  • age;
  • health;
  • marital status;
  • assets, resources and financial status;
  • education and skills;
  • expected immigration status;
  • the expected period of stay in the country.

None of the factors does not make the alien a “public nuisance”, with the exception of cases when he does not submit form I-864 or form I-864EZ when it is required of him.

The determination of the likelihood that the alien will become a “public burden” at any time in the future, is a promising solution which is based on the totality of the circumstances of the foreigner and on the weighing of all factors that are relevant to the case of a foreigner.

What is and is not considered by DHS

For the recognition of a foreigner “public burden” DHS will only consider public benefits listed in the rule:

  • supplemental security income (Supplemental Security Income);
  • temporary assistance for needy families (Temporary Assistance for Needy Families);
  • any Federal, state or local program of cash benefits for the poor;
  • food stamps (Supplemental Nutrition Assistance Program/SNAP);
  • vouchers to the state subsidy for rental housing by choice (Section 8 Housing Assistance under the Housing Choice Voucher Program);
  • benefits for rental housing (Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
  • program public housing (Public Housing (by law Housing Act of 1937, 42 U. S. C. 1437 et seq.);
  • the Medicaid program financed from the Federal budget (some exceptions).

DHS will not consider the receipt of such benefits:

  • emergency medical care;
  • elimination of consequences of natural disasters;
  • the national school-lunch program;
  • the special supplemental nutrition program for women, infants, and children (The Special Supplemental Nutrition Program for Women, Infants, and Children);
  • program is medical insurance for children (The Children’s Health Insurance Program);
  • subsidies for foster care and adoption;
  • government-subsidized student loans and mortgage loans;
  • assistance in emergency situations;
  • the points of delivery of food for the homeless;
  • kindergarten (Head Start).

According to the final rule, DHS will not consider the question of receiving government benefits alien, who at the time of receipt or at the time of filing or decision on entry, adjustment of status, extension of stay or change of status, enlisted in the U.S. armed forces or is an active employee in any of the units of the Reserve armed forces of the United States.

DHS also will consider receiving public benefits spouse and children of any person enlisted in the armed forces of the United States, or are on active duty or any unit of the Reserve armed forces of the United States.

In addition, the rule provides that DHS will not consider state benefits received by children, including adopted children who receive U.S. citizenship under section 320 of the INA, 8 U.S. 1431, or the children of citizens living outside the United States who enter the United States to participate in the interview in accordance with section 322 of the INA, 8 U. S. C. 1433.

DHS will not consider the receipt of Medicaid:

  • for the treatment of “urgent health conditions”;
  • as services or benefits in connection with the Law on education for persons with disabilities;
  • as school the services or benefits provided to persons who have reached or have not reached the older age, who are eligible for secondary education in accordance with the law;
  • foreigners under the age of 21 years;
  • pregnant women and women during the 60-day period beginning on the last day of pregnancy.

As previously wrote ForumDaily:

  • The US President Donald trump has signed a decree, which forbade the admission into the country of immigrants, unable to pay the cost of their health care. Immigrants when entering the country must have the necessary funding or guarantee that you will acquire medical insurance no later than 30 days from the date of arrival in the United States.
  • The administration of Donald trump in the framework of the policy of fight against illegal immigration wants to deny immigrants in green cards, if they receive social security benefits and tax credits. The current rules affect migrant receiving cash benefits.
  • Service citizenship and immigration, the U.S. has published a revised and updated form, the relevant final rule about the inadmissibility of “public burden”.
  • Who the rule about “public burden” block the path to a green card.

The main thing you need to know immigrant about the new rule, read our material.