1. What is the Public Charge Rule in Hawaii?

The Public Charge Rule in Hawaii is a federal policy that affects immigrants who are applying for certain types of immigration benefits, such as permanent residence or green cards. Under the rule, U.S. Citizenship and Immigration Services (USCIS) may deny an immigrant’s application for admission or adjustment of status if they are likely to become a “public charge” — meaning, if they are likely to become primarily dependent on the government for support. This includes people who receive public benefits, such as cash assistance, Supplemental Nutrition Assistance Program (SNAP) benefits, and long-term care.

2. How do I determine if I am subject to the Public Charge Rule in Hawaii?

The Public Charge Rule does not apply in Hawaii. This rule applies only to non-citizens who apply for certain federal benefits, including green cards or other forms of legal permanent resident status, in the United States. Hawaii does not participate in the federal government’s public charge program, so you are not subject to this rule.

3. What documents are needed to prove that I am not a Public Charge in Hawaii?

In Hawaii, you will need to provide documents to support your non-public charge status such as proof of income, assets, tax returns, bank statements, letter of employment, and other evidence of self-sufficiency. You may also need to demonstrate access to family or other support networks. Depending on your individual case, you may also need to provide medical and/or financial records to prove that you are not likely to become a public charge.

4. How does the Public Charge Rule affect immigrants who apply for permanent residency in Hawaii?

The Public Charge Rule affects immigrants who apply for permanent residency in Hawaii by making it more difficult to receive a green card. The rule requires that those who apply must be able to demonstrate that they will not become a “public charge” (i.e., they must be able to support themselves financially) or become dependent on government assistance programs such as food stamps, cash benefits, and/or Medicaid. Immigrants must also show that they have a steady income and/or assets that can be used to support themselves. If the immigrant is unable to demonstrate financial self-sufficiency, their application for permanent residency may be denied.

5. Are there any exceptions to the Public Charge Rule in Hawaii?

Yes, there are a few exceptions to the Public Charge Rule in Hawaii. Exceptions include: refugees, asylees, U and T visa holders, and certain nonimmigrants. Additionally, certain benefits received by individuals who are not subject to the Public Charge Rule or who are eligible for an exception will not be considered when determining public charge. These include benefits received by military members or their dependents, and benefits received under certain disaster relief programs.

6. Are public benefits considered when determining a person’s status as a Public Charge in Hawaii?

Yes, public benefits are considered when determining a person’s status as a Public Charge in Hawaii. The U.S. Citizenship and Immigration Services (USCIS) may consider benefits from programs such as Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and Supplemental Nutrition Assistance Program (SNAP) when evaluating an individual for public charge inadmissibility.

7. Is an Affidavit of Support required for individuals applying for permanent residency in Hawaii?

Yes, all individuals applying for permanent residency in Hawaii must file an Affidavit of Support along with other documents to prove that they have the financial resources to support themselves while in the state.

8. What is an Affidavit of Support and how does it relate to the Public Charge Rule in Hawaii?

An Affidavit of Support is a document that an individual can sign to accept financial responsibility for another individual, usually an immigrant. It is a legally binding document in which the signer agrees to provide financial support if the immigrant is unable to do so. In Hawaii, the Affidavit of Support is part of the state’s Public Charge Rule. The rule requires certain immigrants to show proof that they have a sponsor who will financially provide for them if they are unable to do so. The Affidavit of Support serves as that proof and helps ensure that immigrants are not a public burden.

9. What evidence and documents must be provided by the sponsor on an Affidavit of Support in Hawaii?

The sponsor must provide evidence of their financial ability to support the sponsored individual. This includes bank statements, tax returns, pay stubs, and other documents that prove income. They must also provide a copy of their photo ID.

10. How does an Affidavit of Support protect an individual from being considered a Public Charge in Hawaii?

An Affidavit of Support is a legally binding document that a sponsor signs to accept financial responsibility for an individual who is applying for a visa to the United States. By signing this document, the sponsor promises to provide support for the individual if they are unable to support themselves. This financial support helps to ensure that the individual will not become a public charge in Hawaii, or any other state in which they may live.

11. What is the minimum income requirement for sponsors on an Affidavit of Support in Hawaii?

The minimum income requirement for sponsors on an Affidavit of Support in Hawaii is 125% of the Federal Poverty Guidelines.

12. Which family members are eligible to be sponsors on an Affidavit of Support in Hawaii?

In order to be a sponsor on an Affidavit of Support in Hawaii, the individual must be a close relative of the prospective immigrant and must be a U.S. citizen or lawful permanent resident. Eligible family members include: spouse, parents, parents-in-law, siblings, children, and children-in-law.

13. How does an individual’s age, health, family size, and assets affect their eligibility for an Affidavit of Support in Hawaii?

An individual’s age, health, family size, and assets are all factors that are considered when determining eligibility for an Affidavit of Support in Hawaii. In order to be eligible, an individual must be over 18 years old, have the financial resources to support the immigrant(s) they are sponsoring, and have a valid Hawaii driver’s license or state-issued ID. If the individual is over 65 or has a disability, they may be exempt from providing financial information. Additionally, if the individual has a large family (4 or more dependents) or limited assets, they may also be exempt from providing financial information.

14. What is the time period for which a sponsor’s financial responsibility on an Affidavit of Support is valid in Hawaii?

The sponsor’s financial responsibility on an Affidavit of Support is valid for 10 years, or until the sponsored individual becomes a U.S. citizen, whichever comes first.

15. Can an individual be denied permanent residency due to an inadequate Affidavit of Support in Hawaii?

Yes. An inadequate affidavit of support may result in denial of permanent residency in Hawaii.

16. What is the penalty for providing false information on an Affidavit of Support in Hawaii?

In Hawaii, the penalty for providing false information on an Affidavit of Support is a fine of up to $250,000 and/or up to five years in prison.

17. Are there any alternatives to the Affidavit of Support for individuals applying for permanent residency in Hawaii?

Yes, there are several alternatives to the Affidavit of Support. These include an I-864W, a Form I-134, and a joint sponsor. The I-864W is an affidavit of support prepared on behalf of the visa applicant by their prospective employer. The Form I-134 is a declaration of support provided by a relative or other interested party who will financially support the visa applicant. A joint sponsor is a third party that accepts financial responsibility for the visa applicant and may be required if the primary sponsor does not meet income requirements.

18. How long does it take for USCIS to process an Affidavit of Support in Hawaii?

The processing time for an Affidavit of Support in Hawaii typically takes several months. However, processing times may vary depending on the case and the USCIS office.

19. How can I find out if my Affidavit of Support has been approved by USCIS in Hawaii?

You can check your case status online at the USCIS website. On the website, you’ll need to enter your receipt number, which you can find on any of the notices you’ve received from USCIS. You should also contact USCIS customer service if you need additional assistance.

20. What resources are available for individuals seeking assistance with the Public Charge Rule and Affidavit of Support in Hawaii?

The Hawaii State Office of Immigration Services (HOIS) provides free legal advice and assistance to individuals who may be affected by the Public Charge Rule and Affidavit of Support. HOIS attorneys can provide information on the requirements and processes, and can also help individuals to complete the necessary forms and submit them on their behalf. Other resources available for individuals seeking assistance with the Public Charge Rule and Affidavit of Support in Hawaii include the following:

• Hawaii Immigration Legal Services – This is a program of the Immigrant Legal Services Center of Hawaii, and provides free assistance with public charge applications.

• Catholic Charities Hawaii – Catholic Charities Hawaii offers free legal services pertaining to public charge applications.

• University of Hawaii at Manoa Family Law Clinic – The UH Manoa Family Law Clinic provides free advice and assistance to individuals with public charge applications.

• Legal Aid Society of Hawai‘i – Legal Aid Society of Hawai‘i provides free legal services for those affected by the Public Charge Rule.