GOVERNMENT CLARIFIES IMMIGRATION POLICY

In the past, "public charge" was a vague term used by the U.S. government in determining whether they should grant Legal Permanent Resident (LPR) status (a.k.a. a "green card") to an immigrant. The US Government has finally clarified which public benefits will affect immigrants and residents trying to become LPRs. Public charge issues are generally not applicable to those with LPR status who are pursuing citizenship status. See below, however, for one exception.

Formerly, the government assumed that if an immigrant used public benefits at any time, they were very likely to become a "financial burden" to the public in the future. Therefore they could deny Legal Permanent Residency to an individual even if they used public benefits many years earlier or for a very short period of time. This policy did not specify which public benefits rendered immigrants a "public charge." Despite being income eligible, many immigrants refused to apply for Medicaid/MassHealth, Free Care, WIC, Supplemental Security Income (SSI), public housing, Transitional Assistance to Families with Dependent Children (TAFDC), Emergency Aid to Elders, Disabled and Children (EAEDC) and Food Stamps for fear of ruining their chances to become an LPR. Even some immigrants with U.S. born children did not enroll their children in these programs believing that it would affect their chances of gaining legal status. People often paid for medical services out-of-pocket going into heavy debt or they refused medical care altogether because of the government's implied threat to deny LPR status. This climate of fear was greatly intensified by the passing of the Balanced Budget Act of 1997 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 which both revoked some rights and benefits from immigrants (many of which have since been restored to those already in the U.S.).

For years many immigrant advocacy organizations worked hard to get the Federal Government to clarify how the use of public benefits affect immigrants trying to gain LPR status. On May 25, 1999, a set of clearly defined guidelines finally took effect. Now the term "public charge" describes immigrants (not refugees or asylees) who cannot support themselves and who depend on benefits that provide cash - like TAFDC, EAEDC, or SSI - for their income, or are receiving long-term care through MassHealth. The INS can deny LPR status to an immigrant if they determine that a person may need to depend on cash benefits while in the U.S. Refugees and asylees may use cash benefits and still gain LPR status (call the CRC for a complete list of who is eligible).

The U.S. government has made it clear that immigrants may use MassHealth, Healthy Start, WIC, Food Stamps, public housing, the school lunch program, job training, subsidized childcare, shelters, disaster relief, free care and other non-cash programs without risking their applications for a "green card" (LPR status). When a person applies for a green card, the INS will not count it against the person if their children or other family members used cash benefits as long as it was not the sole financial support of the family. Only the use of cash benefits, such as SSI, TAFDC, or EAEDC, OR long-term care through MassHealth, may cause a green card applicant "public charge" problems if the benefit was the only source of income. Even if the immigrant used cash welfare in the past, the person may be able to demonstrate he or she will not need these benefits in the future. The person may have used cash benefits many years before and has been employed steadily ever since they stopped receiving cash benefits. Maybe the individual needed cash assistance while they were going through a divorce or life-altering situation that will not affect them in the present or future. People should consult an immigration lawyer for advice on how to present their case in the best light.

For those who are already LPRs the issue of public charge is generally not a concern. However those LPRs who leave the country for more than 180 days and received cash benefits can be asked about public charge issues in certain circumstances. Other causes for concern are if an LPR received benefits improperly or if an immigrant entered the U.S. after December 19, 1997, and received cash welfare or long-term institutional care within 5 years of entering the country and for reasons that existed before he or she entered the U.S. In these situations please contact an immigration attorney.

The Massachusetts Immigrant & Refugee Advocacy Coalition (MIRA) has distributed a detailed guide outlining many of the ramifications of this announcement by the U.S. Government. If you would like your own copy please call X6-8182 or visit the resource wall on FH2. We would like to thank MIRA for providing information for this article.

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