An Update on the “Public Charge” for Immigration

On the recent Immigration Hour Podcast immigration attorney Charles Kuck was elaborated on a situation for immigrants were being denied entry into the United States based on the public charge.

The public charge is an immigration term used to describe someone who is dependent on the government for support.

The consular officer takes into account an individual’s age, health, family status, assets resources or financial status and education and skills. In addition they can review any affidavits of support for exclusions.

The public charge itself is very broad and thus open to interpretations. And thus is now creating problems.
For example if a son wanted to bring his 80 year old parents and the son made $400,000 a year the parents could be denied based on the public charge.

The public charge is now being used to deny people their residency status.

To combat this individuals would have to get insurance “BEFORE” they immigrated to the United States.

This would include solutions we have in the ACA(both on or off the exchange or through all of the international or domestic carriers we have available.

For E&M Global we always get the question of “Will accepting government subsidies on Obamacare or the ACA effect my immigration status?” The answer we always give is we’re not sure as we are not attorneys and thus can’t give an opinion one way or another.”

We will continue monitoring the status of the Public Charge and be ready to help in case the rule is further upheld up by the current administration.

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