Hi. This is Attorney Mustafa Cetin. Today I will talk to you about how government
benefits would affect your green card application. This is a very hot topic. I said application because Public Charge do
not apply to green card holders. That’s right. All you green card holders out there, please
keep using benefits like Medicaid, Food Stamps and Social Security. This rule doesn’t apply to you. And those in asylee status, please take advantage
of temporary benefits like cash assistance and health insurance. You need those, and these funds are already
set aside for you. Please use them, you have nothing to be afraid
of. Public Charge doesn’t apply to you either. Now, proposed amendment is about the criteria
of Public Charge inadmissibility ground. According to the proposed rule if those who
are in non-immigrant status obtains government benefits like Medicaid, Food Stamps and Social
Security, they might be determined to be a Public Charge and their green card applications
could be rejected. This rule doesn’t apply to those who obtain
government benefits when they have a pending asylum application. But you must later get your green card by
adjusting from asylee status. Getting a green card by adjusting from asylee
or refugee status is an exception to this rule. However, if you have a pending asylum application
but later get a green card through another method like employment, family or lottery, Then this would apply to you. This rule applies to those who get benefits
in a non-immigrant status like B, H and F. Scope of those affected is very limited anyways. That’s because Congress says if you are not in permanent
status, you can’t take advantage of main benefits like Medicaid, Food Stamps and Social
Security. Ok so how can you show that you will not be
a Public charge even if you at some point got benefits? Let’s not forget that when officers determine
whether an applicant is likely to be a public charge or not, government benefits is not
the only thing they look at. There are many factors like age, health and
income level. For instance having a family income level
above %200 of Federal Poverty Level is a significant positive factor for this determination. This figure is around $50,000 for a family
of 4. So even if you obtained government benefits
in a non-immigrant status, if your tax returns are above a certain
level if you don’t have a chronic illness probably you will not be determined as a public
charge when you apply for green card. Thank you for listening to me!