You may not be required to prove your financial ability to be eligible for immigration benefits! There are certain groups of people who are either exempt from public charge, or may get a waiver for public charge when applying for a green card or other benefits with USCIS. These include:
- Refugees (or current refugees applying for adjustment to permanent resident status)
- Asylum applicants (or current asylees applying for adjustment to permanent resident status)
- Amerasian Immigrants (for their initial admission)
- Individuals granted relief under the Cuban Adjustment Act (CAA)
- Individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA)
- Individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA)
- Individuals applying for a T Visa or have one and are trying to become a permanent resident and get a green card
- Individuals applying for a U Visa or have one and are trying to become a permanent resident and get a green card
- Applicants for Temporary Protected Status (TPS)
- Certain applicants under the LIFE Act Provisions
If you have any questions or concerns regarding if you need to prove your financial ability or file an Affidavit of Support, feel free to contact us at Your Immigration Angel!
Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a USCIS officer must consider the following factors when making a public charge determination:
- Family status
- Financial status
- Education and skills
The officer may also consider any affidavit of support filed on behalf of the individual. In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individual’s receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual 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. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance.
For immigration benefits adjudicated by USCIS, whether a person is likely to become a public charge is often considered when someone is trying to become a permanent resident and obtain a U.S. green card. It is also considered when someone applies for certain non-immigrant or other temporary benefits, for example by extending non-immigrant status within the United States.
According to the Immigration and Nationality Act (INA), if you are seeking admission to the United States or seeking to adjust status to become a lawful permanent resident, you are inadmissible if “at the time of application for admission or adjustment of status, you are likely at any time to become a public charge.” If an individual is inadmissible, admission to the United States or adjustment of status is not granted. Public charge does not apply in naturalization proceedings.