CIS issues "Public Charge" fact sheet

USCIS has issued a Fact Sheet explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."

The Fact Sheet explains that  "public charge" means

an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills.  No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge. 

The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":

• Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
• Children's Health Insurance Program (CHIP)
• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
• Housing benefits
• Child care services 
• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
• Emergency disaster relief
• Foster care and adoption assistance
• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education 
• Job training programs
• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) 
• Non cash benefits under TANF such as subsidized child care or transit subsidies 
• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination. 
• Unemployment compensation is also not considered for public charge purposes.