Who is exempt from the new “Public Charge” Rules?
Are you worried about the new public charge rules?
Please don’t worry!
We will be providing plenty of information during the next few weeks to help you understand the new rules and how you can overcome them.
First, we want to discuss who is NOT affected by the new rules. If you have any of the following types of cases, the new public charge rules DO NOT apply to you:
1) Refugees, asylum applicants, and anyone applying for residency as a refugee or asylee;
2) Cubans who are applying for residency after one year in the USA;
3) Special Immigrant Juveniles;
4) DACA and TPS applicants;
5) U Visas, T Visas, and anyone applying for residency after having a U or T visa;
6) Anyone applying for residency under the Violence Against Women Act (VAWA);
7) Anyone applying for Cancellation of Removal;
8) Anyone who is already a lawful permanent resident (so long as you don’t leave the USA for longer than six months);
In other words, for these types of immigrants, using public benefits does not count against you. (There are other exempt case types, too, such as for Iraqi and Afghani interpreters, but those listed here are the most common for our clients.)
Also, receipt of WIC and CHIP will NOT count as “public benefits” for ANYONE under the new public charge rules, and benefits for U.S. citizen children do not count against you. If you have used WIC or CHIP for yourself and/or your children, do not worry! This does not mean that your case will be disapproved.
Even under these new rules, if you can show that you and your family work hard (as almost 100% of our clients can), then we feel very hopeful that the new public charge rules will not keep you from achieving your goal of having lawful status in the United States.
Next week: We’ll send information about steps you can take to improve your financial status for immigration purposes.