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LSDefine

Simple English definitions for legal terms

public charge

Read a random definition: gestational carrier

A quick definition of public charge:

Public charge refers to when an immigrant receives public benefits that could make them ineligible to become a permanent resident. The government has the power to define what counts as public charge, and in the past, it included receiving certain benefits for more than 12 months in a 36-month period. However, in 2021, the government stopped enforcing this rule and instead uses a 1999 Interim Field Guidance that only considers an immigrant a public charge if they are primarily dependent on the government for subsistence, demonstrated by receiving public cash assistance for income maintenance or being institutionalized for long-term care at government expense. This means that receiving Medicaid, public housing, or SNAP benefits will not count against an immigrant in the public charge determination.

A more thorough explanation:

Public charge refers to an immigrant who receives public benefits that could make them ineligible to become a permanent resident. According to the law, any immigrant who is likely to become a public charge at any time is not allowed to enter or stay in the United States.

The United States Citizenship and Immigration Services (USCIS) has the power to define public charge through regulations. In 2019, a regulation was passed that stated any immigrant who received one or more designated public benefits for more than 12 months within a 36-month period would generally be ineligible to become a permanent resident. However, in 2021, USCIS stopped enforcing this rule and instead applied the 1999 Interim Field Guidance.

The 1999 Interim Field Guidance defines public charge as an immigrant who has become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. This means that USCIS will not consider an applicant's receipt of Medicaid (except for long-term institutionalization at the government's expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

  • An immigrant who receives food stamps (SNAP) for more than 12 months within a 36-month period may be considered a public charge and ineligible to become a permanent resident under the 2019 regulation. However, under the 1999 Interim Field Guidance, this benefit would not be considered in the public charge determination.
  • An immigrant who is institutionalized for long-term care at government expense may be considered a public charge under both the 2019 regulation and the 1999 Interim Field Guidance.

These examples illustrate how the definition of public charge can vary depending on the regulations in place. It is important for immigrants to understand the current rules and regulations regarding public charge to ensure they are eligible to become permanent residents.

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starfishies
16:27
is that fr ive never heard that before thats kinda wild
starfishies
16:27
this cycle is crazy i feel like double deposit is warranted in a lot of cases
[] c0bra1
16:28
id be down to double to get more time to choose but i think for the factors that i listed it would be unlikely for those to change in a significant way
[] c0bra1
16:28
from what ive understood villanova's 3rd market is nyc but the philly ip market is a little small, most of the ppl i talked to had WE in tech first and thats how they got related roles in 1L/2L
[] c0bra1
16:29
they're just so similar on the balancing scale that im second guessing in case im overtly wrong on one of them...but then again all my friends say to quit whining and pick cardozo lol
starfishies
16:30
ngl still a tough decision
starfishies
16:30
but if youre trying to end up in nyc ultimately it seems like the more obvious answer
[] c0bra1
16:31
yeahh thats what it keeps boiling down to lol
[] c0bra1
16:31
i think it would be easier for me to pick nova if the col in nyc wasn't something i was ready for but that's not a problem for me
starfishies
16:31
okay money man
[] c0bra1
16:31
more like i anticipated a way better application and intended to get into fordham lol
starfishies
16:31
you have until the 15th right i feel like u already know what your answer is
[] c0bra1
16:31
yeaaa
starfishies
16:31
i also have a weekly deposit meltdown its okay
[] c0bra1
16:31
hence why i do this little dance every weekend
[] c0bra1
16:32
LOL
starfishies
16:32
my family is sick of me
[] c0bra1
16:32
who knows maybe nyu will be so nice and let me in this week or next and then all my problems will be solved
starfishies
16:33
lol right same
17:05
im freaking out what if i dont get in anywhere
[] c0bra1
17:27
@uglyostrich: don't worry i called all your schools and they said you're getting into at least 2 places
CheeseIsMyLoveLanguage
17:37
Scroll down to commitments.
CheeseIsMyLoveLanguage
17:38
To me it seems that if you don't have all your responses yet (which all schools know it has been a crazy cycle), then you shouldn't be penalized if you put down a deposit, get a response from another school, and choose to go that direction. If the school is stinky about it, it seems you would have some recourse through LSAC
[] c0bra1
17:54
swag yeah thats cool i think ill most likely just deposit at dozo to save myself the constant back-and-forth on the decision -- i dont think ive had a conversation yet where i end up choosing nova despite my best to advocate for it lol
[] c0bra1
17:55
like i said earlier i think if the col was an issue for me id probably pick nova but my heart has always been set on ny and i think id be fine over there
18:37
@c0bra1: Cardozo is such a sleeper holy. Bro NYC Market > most other markets. If u wanna end in NY, it is such a good value prop
18:38
NYC is such a powerhouse of a city/region.
19:11
@c0bra1: tell villanova to let me innnn
[] c0bra1
20:35
@uglyostrich: calling them rn 📲
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