Many hardworking residents in Kentucky qualify for a green card but are afraid to apply because they have used health or food programs. This is likely from fear around the public charge rule, where U.S. officials can deny green cards to noncitizens who mostly rely on government support for basic needs.
However, receiving help during a tough shift or a seasonal layoff does not always jeopardize your immigration status. Understanding the common misconceptions around public charge is the first step to protecting your health, finances and future.
Using health and food programs will ruin your chances
Under current law, your benefits from food assistance programs do not automatically disqualify your chances of getting a green card. Moreover, using Medicaid does not make you a public charge unless it is for long-term institutional care.
Authorities are more likely to look at your income level, employment history and education when considering public charge status. If you can prove self-sufficiency, using government assistance programs will generally not hurt your green card application.
Your children’s benefits will count against you
Any benefits received by your children are typically never considered in your public charge determination. In general, the public charge test only applies to the government support you have personally used.
If your children are U.S. citizens, they are also entitled to use these programs. Prioritizing their health and nutrition will not hurt your chances of changing your immigration status.
If you are not wealthy, you are a public charge
While income is a factor, The United States Citizenship and Immigration Services (USCIS) also looks at your age, health, skills and employment when evaluating you. Having a steady job can already demonstrate that you are financially sufficient, which is a major positive factor for your case. A lawyer can also help ensure that your status and paperwork meet current government thresholds to pursue a green card.
When the facts matter
You do not have to choose between your family’s needs and pursuing your American dream. By diligently checking the most recent guidelines, you can keep yourself updated as public charge policies are constantly shifting.
