You may have to jump through many hoops, so to speak, to gain admission into the United States. One of these metaphorical hoops is that you must prove to a United States Citizenship and Immigration Services (USCIS) official that you undoubtedly pass the imposed public charge test. With that being said, please continue reading to learn more about what is involved in a public charge test and how one of the experienced Lancaster, PA green card lawyers at Lupton Law LLC can help you pass one.
What is determined in a public charge test?
First of all, a public charge test is an educated determination made by an immigration officer on whether or not you are likely to become dependent on certain United States government benefits programs, now or in the future, if you were to enter the country. That is, they may base their judgment on your personal circumstances, such as your age, health, income, assets, education, household size, etc.
However, they must also consider whether someone filed Form I-864, Affidavit of Support, on your behalf alongside your immigration application. With this, the U.S. citizen or permanent resident who filed this form on your behalf promises to adequately support your financial needs during your stay in the country. Of course, having this financial sponsor to fall back on may lessen your chances of requiring government aid.
Lastly, you must understand that your previous eligibility and use of government assistance programs will not and should not affect an officer’s view on whether or not you will eventually become a public charge. Also, certain programs must not be considered part of the public charge test, including the Supplemental Nutrition Assistance Program (SNAP), Medicaid (excluding long-term care facility needs), certain COVID-19-related aid, and more.
Will I be subject to a public charge test?
It is worth mentioning that not every type of immigration application is subject to a public charge test by an officer. Rather, this only goes if you apply for a visa to come to the United States from abroad. Or, if you apply for a green card through a family member who is a U.S. citizen or permanent resident.
In addition, even with a family-based green card application, the public charge test may not be imposed on the family member who is sponsoring you, just yourself. But at the end of the day, you may be immune to this test altogether if you opt for any one of the following immigration applications:
- VAWA application.
- DACA application.
- U visa or T visa application.
- Asylee status or refugee status application.
- Temporary Protected Status application.
- Special Immigrant Juvenile Status application.
- Green card renewal application.
- United States citizenship application.
If you need help preparing for this upcoming immigration process, turn to one of the skilled Lancaster, PA green card lawyers. We at Lupton Law LLC have gone through this countless times before, and we are ready to go through it again to support you.
