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ALERT: Judges before United States District Courts have ordered that the Department of Homeland Security (DHS) cannot implement and enforce the final rule on the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act. The court orders also postpone the effective date of the final rule until there is final resolution in the cases. Most of the injunctions are nationwide, and prevent USCIS from implementing the rule anywhere in the United States.
Carga Pública Preguntas Frecuentes Versión en Español
Public Charge FAQ, English Version
NV Dept. of HHS, Division of Welfare & Supportive Services (DWSS) Public Charge Flyer
NV Dept. of HHS, Division of Welfare & Supportive Services (DWSS) Public Charge Flyer (Spanish)
January 27, 2020: Supreme Court allows Trump administration to proceed with immigration rules
August 12, 2019: Trump to deny green cards to immigrants receiving public benefits
October 11, 2019: A Judge Blocked Trump’s Plan To Deny Green Cards To Immigrants Who Use Public Benefits (BuzzfeedNews.com)
What is Public Charge?
As defined by the Department of Homeland Security (DHS), a “public charge” means an individual who is likely to become primarily dependent on the government for support. The final rule went into effect on Oct. 15, 2019 and is only be applied to DHS applications and petitions postmarked (or, if applicable, submitted electronically) on or after Oct. 15, 2019. The DHS applications and petitions postmarked before Oct. 15, 2019, will be adjudicated under the prior policy, the 1999 Interim Field Guidance.
- “Public charge” is a term used in immigration law for more than 100 years, to identify an individual who is likely in the future to become dependent on public benefit programs.
- Being considered a public charge can result in the denial of a lawful permanent residency (green card) application or entry to the United States.
- When determining if a person is likely to become a public charge, the federal government looks at a variety of factors including age, health, income, family size, public assistance received, and education level.
Health Benefits NOT Included in the Final Rule:
- Eligibility rules for the public benefit programs such as Nevada Health Link have not changed. If an individual or family is receiving subsidies or tax credits on an exchange plan, the subsidies are not included in this final rule.
- Medicare Part D Low-Income Subsidy
- Children’s Health Insurance Program (CHIP), Nevada Check-Up
- Affordable Care Act Marketplace subsides, Nevada Health Link
State/locally-funded non-cash programs
Who could be impacted in Nevada?
- Individuals seeking to legally enter the United States.
- Individuals legally in the U.S. seeking to become a lawful permanent resident/obtain a green card.
- Individuals legally in the U.S. seeking to extend a current visa
- Individuals legally in the U.S. seeking to change visa types
- Applicants for, or recipients of, any of the expanded list of non-monetized benefits subject to the public charge.
- Immigrants not subject to the rule, but who disenroll from benefits due to confusion, fear, or misinformation.
- Anyone seeking lawful permanent resident status through a family petition
The Public Charge Rule DOES NOT apply to:
- Green card holders who renew green cards or apply for citizenship, unless they leave the country either for more than 6 months and/or with certain criminal convictions, and then see to re-enter
- Groups of aliens that Congress specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, certain Cuban, Haitian, Central American, Afghans and Iraqis with special immigrant visas, non-immigrant trafficking and crime victims
- Individuals applying under the Violence Against Women Act, and special immigrant juveniles. Additionally, the rule excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces. Read more from UCIS here.
Immigration Law Resources in Nevada:
You can contact the State Bar of Nevada’s Lawyer Referral & Information Service at 702-382-0504 (toll-free in Nevada at 1-800-789-5747).
The State of Nevada Bar’s main office can tell you whether or not an attorney is licensed in Nevada and is in good standing. For more information, read the full brochure.
The State’s Bar Main Offices:
Las Vegas Office:
3100 W. Charleston Blvd., Suite 100 Las Vegas, NV 89104
Phone: 702-382-2200 or toll-free 1-800-254-2797
9456 Double R Blvd., Suite B Reno, NV 89521
Phone: 775-329-4100 Fax 775-329-0522
More Resources in Nevada: The United State Citizenship and Immigration Services website Nevada office field locator can be found on their website.
Call toll-free: 800-375-5283. For people who are deaf, hard of hearing or have a speech disability: TTY 800-767-1833.