1. What is the public charge rule?

The public charge rule is a policy that the US government uses to determine whether an individual is likely to become a public charge or dependent on government aid. Under this rule, the US Department of Homeland Security (DHS) considers an individual’s immigration status, age, health, education, financial resources, and other factors to determine if they are likely to become a “public charge” in the future. The public charge rule has been in effect since 1999, but was recently expanded by the Trump administration in 2019.

2. How does the public charge rule affect immigrants?

The public charge rule affects immigrants by making it more difficult for them to obtain a green card or visa if they are likely to rely on public benefits for their main source of support. Under the new rule, the Department of Homeland Security will consider the use of public benefits as a negative factor when determining whether to grant applicants a green card or visa. This could result in applicants being denied legal status in the United States. The rule also expands the definition of what is considered a public benefit, including Medicaid, Supplemental Nutrition Assistance Program (SNAP), and housing assistance programs.

3. What is an Affidavit of Support?

An Affidavit of Support is a document that a sponsor signs to accept financial responsibility for an immigrant who is seeking to enter the United States. The sponsor must agree to provide financial support to the immigrant if necessary and must demonstrate that they have the financial means to do so. The affidavit also serves as a legally binding agreement between the sponsor and the immigrant that the sponsor is financially responsible for the immigrant.

4. Who is required to submit an Affidavit of Support?

An Affidavit of Support is typically required of sponsors of immigrants who are entering the United States on an immigrant visa. The sponsor is responsible for financially supporting the immigrant and proving they can do so prior to the immigrant’s arrival in the United States.

5. How does an Affidavit of Support help an immigrant?

An Affidavit of Support is a document sponsored by a U.S. citizen or legal resident that guarantees that they will financially support an immigrant in the U.S. The document is legally binding and serves as proof that the immigrant will not become a public charge in the country. It is often used in conjunction with other documents and immigration applications.

6. What is the purpose of an Affidavit of Support?

An Affidavit of Support is a legal document that a person signs to accept financial responsibility for another person. It is typically used in the immigration process to demonstrate that an individual has the financial means to support themselves, or a family member, while living in a foreign country.

7. What are the eligibility requirements for an Affidavit of Support?

To be eligible to file an Affidavit of Support, the sponsor must:

1.Be a legal U.S. resident, either a U.S. citizen or permanent resident

2.Be 18 years of age or older

3.Have a domicile in the United States (meaning they must have their primary and permanent residence in the U.S.)

4.Have sufficient income or assets to meet the minimum income requirement for sponsorship, as set by the Department of Homeland Security (which is currently 125 percent of the Federal Poverty Guidelines for their household size)

5.Have the ability to financially support any family members who are sponsored (including the intending immigrant) at 125 percent of the Federal Poverty Guidelines for their household size

8. How long is an Affidavit of Support valid for?

An Affidavit of Support is valid until the sponsored immigrant becomes a U.S. citizen or can be credited with forty qualifying quarters of work in the U.S. Qualifying quarters are based on the Social Security Act and refer to a quarter of the calendar year in which a person worked and paid Social Security taxes.

9. Who can be a sponsor on an Affidavit of Support?

A sponsor on an Affidavit of Support must be a person who is a US citizen or legal permanent resident, at least 18 years of age, and who has sufficient financial resources to provide the necessary support for the immigrant.

10. What information must be included in an Affidavit of Support?

An Affidavit of Support typically includes information about the sponsor’s employment status, income, assets, and commitment to provide financial support for the person being sponsored. It must be signed before a notary public and should include the date of signing and the notary’s signature.

11. Does the public charge rule change who can sponsor and support immigrants?

Yes, the public charge rule changes who can sponsor and support immigrants. Under the rule, certain people who would like to sponsor or support immigrants must demonstrate that they have sufficient income or resources to do so. This could make it more difficult for some people to sponsor or support immigrants.

12. How does the public charge rule affect access to public benefits?

The public charge rule affects access to public benefits in several ways. It requires Immigration, Citizenship and Customs Enforcement (ICE) to consider whether an applicant for a visa, admission to the U.S., or adjustment of immigration status is likely to become a public charge. Applicants who are likely to become a public charge on the basis of the receipt of certain public benefits are deemed inadmissible and can be denied a visa, admission to the U.S., or adjustment of immigration status. Furthermore, those who are already in the U.S. may have their current immigration status revoked if they are found likely to become a public charge on the basis of certain public benefits. This means that even if someone is otherwise eligible for a certain benefit, they may be dissuaded from applying if they think it will negatively affect their immigration status.

13. What types of public benefits are affected by the public charge rule?

The public charge rule affects a number of public benefits, including some forms of cash assistance (i.e. Temporary Assistance for Needy Families, Supplemental Security Income, and state and local cash assistance programs), Medicaid (with some exceptions for emergencies or services related to childbirth), certain housing programs, and nutrition programs such as the Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children (WIC).

14. Does the public charge rule only apply to certain types of immigrants?

Yes. The public charge rule generally applies to certain noncitizens who are applying for admission to the U.S. or adjusting their status to become a lawful permanent resident (green card holder). It does not apply to those already admitted as a lawful permanent resident, naturalized citizens, or certain other categories such as refugees and asylees.

15. What evidence must be provided to demonstrate that the sponsor has sufficient resources to support the immigrant?

Evidence to demonstrate that a sponsor has sufficient resources to support the immigrant may include bank statements, pay stubs, tax records, a letter from an employer confirming employment, or other financial documents. The sponsor may also be asked to provide proof of their legal status.

16. Are there any exceptions to the public charge rule?

Yes, there are a number of exceptions to the public charge rule. Those with Permanent Resident status, certain categories of refugees and asylees, certain individuals seeking adjustment of status, those with T nonimmigrant status, and those with U nonimmigrant status are all exempt from the public charge rule. Additionally, certain benefits are exempt from consideration for public charge, such as emergency medical assistance, disaster relief, public health assistance for immunizations and testing and treatment for communicable diseases, special education services, school lunch programs, foster care and adoption services, and certain benefits for active-duty military personnel and their families.

17. What is the difference between a “public charge” and a “self-sufficiency” affidavit?

A public charge is a person who is likely to depend solely on the government for subsistence. Self-sufficiency is the ability to provide for one’s own needs without relying on anyone else. A self-sufficiency affidavit is a document that is required by the U.S. government for certain visa applicants in order to prove that they will be able to support themselves financially when they enter the U.S. The affidavit must demonstrate that the applicant has the financial resources or has made arrangements to cover all of their living expenses without relying on public benefits from the government.

18. How can an immigrant prepare for the public charge test?

An immigrant can prepare for the public charge test by gathering relevant documents and information, such as employment records, tax returns, bank statements, proof of health insurance, and proof of financial support. It is also important to understand the criteria that are used to evaluate an applicant’s eligibility for a visa or green card. Additionally, an immigrant should research their local resources for assistance with the process. For more detailed information, it is recommended to consult with an immigration attorney.

19. Who is responsible for providing proof that an immigrant meets all requirements for admission under the public charge rule?

It is ultimately the responsibility of the immigrant to provide proof that they meet all the requirements for admission under the public charge rule.

20. Are there any resources available to help immigrants understand and meet the requirements of the public charge rule and Affidavit of Support?

Yes, there are a number of resources available to help immigrants understand and meet the requirements of the public charge rule and Affidavit of Support. The U.S. Citizenship and Immigration Services (USCIS) has a dedicated web page that outlines the requirements of the public charge rule and provides information on how to file an Affidavit of Support. Additionally, the American Immigration Council provides a comprehensive guide that outlines the public charge rule and provides resources for immigrants to better understand this complex issue. Additionally, many legal service providers in different states also provide free assistance with understanding the public charge rule and the filing process of an Affidavit of Support.