What Factors Would Trigger a Public Charge Denial Based on the “Likelihood of Future Use of Government Benefits” Criteria?
In a previous article (“What Will Change under the New Public Charge Rule?”) we discussed that under the Trump administration’s new policy, which took effect on October 15, 2019, the new criteria for denying a green card application for persons from within the United States would include:
- Prior use of certain government benefits,
- Likelihood of future use of government benefits, and
- Insufficient financial resources.
In subsequent articles, we discussed the new definition of public benefits (“What Type of Government Benefits Would Trigger a Public Charge Denial?”), and what would trigger a public charge denial based on the first criteria, prior use of certain government benefits (“What Would Trigger a Public Charge Denial Based on the “Prior Use of Certain Government Benefits” Criteria?”).
What factors would trigger a public charge denial under the second criteria, likelihood of future use of government benefits?
- Age: You could be denied if younger than the minimum age for full-time employment (18), older than the minimum “early retirement age” for social security purposes (61), or otherwise at an age that impacts “ability to work.”
- Health: You could be denied for any medical condition that could affect ability to work.
- Family size: Having more children or other dependents could increase the likelihood of a visa denial.
- Skills: Your ability to obtain or maintain employment by looking at your employment history, high school degree and higher education, occupational skills, certifications, or licenses, and proficiency in English or other languages.
- Financial status: Your income and assets, credit history, credit score, and financial liabilities, plus having private health insurance or enough resources to cover “any reasonably foreseeable medical costs” that could interfere with work or study.
Undoubtedly, these factors will create the intended effect of reducing the number of applicants who are eligible for green cards and other visas. The use of these factors will also result in unintentional implications; such as, creating a disproportionate effect on women, children and the elderly; and shifting legal immigration towards wealthier nations.
If you have any questions about the “public charge policy” or any other immigration matter, contact our attorneys at the Law Offices of Azita M. Mojarad, P.C. Our experienced immigration attorneys can advise you on what actions to take to avoid jeopardizing your ability to obtain the immigration benefits you seek.
