Public Charge

Question 1

Definition of “Public Charge”

Answer 1

“a person likely to become primarily dependent on the government for subsistence as demonstrated by either receipt of public cash assistance for income maintenance or long term-institutionalization at government expenses” 8 CFR 212.21(a)

Question 2

Factors to consider in making a public charge inadmissibility determination

Answer 2

(1) age; (2) health (by required medical report of civil surgeon); (3) family status including household size; (4) assets, resources and financial status; (5) education and skills as evidenced by degrees, licenses, certifications, work experience and education programs. 8 CFR 212.22(a)(1)

Question 3

Form I-864

Answer 3

Affidavit of Support. To obtain LPR status, the beneficiary must submit an affidavit of support (1-861) by a sponsor. A failure to submit an affidavit of support generally will establish a likelihood of public charge.

Question 4

Affidavit of Support Sponsor Requirements

Answer 4

(1) USC or LPR; (2) domiciled in the US; (3) 18 years or older; (4) have an income of 125% poverty guidelines; (5) in Family Based petitions, the sponsor must be the petitioning family member.

Question 5

Affidavit of Support is not required for the following cases:

Answer 5

(1) diversity immigrants;
(2) special immigrants;
(3) self-petitioning immigrants (widowers, spouses and children subjected to battery or extreme cruelty)
(4) Cuban adjustment applicants;
registrants under INA 249;
(5) persons who have already earned or can be credited with 40 quarters of coverage pursuant to SSA regulations; and
(6) MOST employment-based immigration petitions