The rules for obtaining a “Green Card” have been updated. Learn how the Public Charge works.
Since February 24th of this year, the United States Department of Homeland Security (DHS) has started to apply new rules for obtaining permanent residence permits in the United States, the so-called Public Charge. The measure especially affects immigrants who can be seen as dependents of the Government.
In this way, the Donald Trump Government hopes to discourage immigrants and their families from seeking public assistance services, such as Medicaid, food stamps, free or reduced-price meals, among others.
Who it applies to
Based on this new admission parameter, factors such as age, health, English proficiency, credit score (see more in the last table) and insurance purchase, as well as prior use of public benefits for more than 12 months, 36 months before submitting the application or adjustment of admission, will be crucial.
Factors that configure dependence on public services, such as enrolling children in public schools, were already observed in some cases. But, since February 24, they have become the rule.
Does this rule apply to me?
Are you a US citizen?
Public Charge does not apply to you. You can continue to benefit from government programs.
Do you and anyone in your family have a Green Card?
Public Charge and changes based on the new rules do not apply to you. Therefore, it is possible to renew your Green Card or apply to obtain US citizenship. In any case, if you intend to leave the country for more than six months, it is important to speak with an immigration lawyer (link to contact).
Have you applied for a Green Card and are waiting, or are you in the condition of Temporary Protected Status (TPS), U or T visas (for victims of certain crimes), asylum seekers or refugees?
The new rule does not apply to this type of status. So, if this is your case, you can continue to use the services of the US Government.
Are you planning to apply for a “Green Card” based on the family system?
If you use the public assistance programs listed above, you will be considered a “Public Charge”. Your income, age, health, education, skills, family situation and statement of support from sponsors will also be considered.
