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LSDefine

Simple English definitions for legal terms

public charge

Read a random definition: jus futurum

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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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