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New Public Charge Rule

Posted by Irena Mykyta | Sep 17, 2019 | 0 Comments


Question 1: If I am undocumented and my child is a US Citizen and I have received public benefits through my child as a family will this affect my ability to apply for a green card?

Answer:- The rule specifically states that public benefits received by your family members (i.e US Citizen child) should not count against you.

Question 2If I receive benefits indirectly, through family members who qualify, can this be used against me?

Answer:- This should not directly affect you. 

Question 3: How will this affect naturalization and visa applications?

Answer:- It will not affect naturalization or visa applications.

Question 4: How do you prove that you have not received any public benefits?

Answer:- The I-944 form will allow you to report any past benefits, but it has not been finalized yet. You may also provide evidence that you do not qualify for public benefits.

Question 5: If I am on the Essential Plan is that considered a public benefit?

 Answer:- No. Only federally funded plans such as Medicaid are considered public benefit and would trigger a public charge. state-funded medical assistance is not subject to the public charge rule.

About the Author

Irena Mykyta

 In 2014, Irena founded her own law firm in order to provide clients with more individualized attention, - something she always dreamed about when she worked as a judicial clerk at the New York State Supreme Court and as an associate at a prominent New York law firm. Her firm's focus on a few cor...


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