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10-30-2009, 12:30 PM
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USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."



The Fact Sheet explains that "public charge" means

an individual who is likely to 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.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":



Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)
Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
Non cash benefits under TANF such as subsidized child care or transit subsidies
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.
https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com


More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)

hoolahoous
10-30-2009, 05:28 PM
Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
Unemployment compensation is also not considered for public charge purposes.


that settles it. Receiving Unemployment benefits is okay on AOS.

simple1
10-30-2009, 07:20 PM
part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

that settles it. Receiving Unemployment benefits is okay on AOS.

bindas74
10-30-2009, 08:28 PM
Most of the kids of H1B people are attending public schools.
Public school education also public charge according to this.
Read it.

Educational assistance (such as attending public school)

It is "not considered" for public charge

Alabaman
10-30-2009, 09:04 PM
that settles it. Receiving Unemployment benefits is okay on AOS.

but the states wont pay you anyways... they will say you are not a PR. So Unfair.

number30
10-31-2009, 12:09 AM
Can Some one on EAD claim Earned Income credit?

Pagal
10-31-2009, 12:20 AM
Hello Number30,

For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.

saraiks
10-31-2009, 03:41 PM
Can Some one on EAD claim Earned Income credit?

Yes, you can.. at least in CA we had no problem receiving it after my wife got laid off.

number30
10-31-2009, 04:06 PM
Hello Number30,

For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.


Yes I thought the same.
I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
That year he was laid off and had very little income So he took the money.

Hope he will not have any trouble.

jhaalaa
10-31-2009, 07:20 PM
Thanks to the USCIS administration for bringing it out for public information.

It would help a lot of non-citizens make informed decisions.

Thanks OP.

Best Wishes for all.

hoolahoous
11-01-2009, 11:58 AM
part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

not sure what your point is. the list clearly states

"Unemployment compensation is also not considered for public charge purposes."