Questions and Answers > EB-5 Forms

Can my I-829 be denied if I use government welfare programs?

I have a pending I-829 filed in June 2018. Due to the current crisis, I lost my job and my insurance. If I take any government benefits, especially health insurance, will it be considered public charge and impact my I-829?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on July 6, 2020

  Public charge should not impact permanent residents if you are eligible for the benefits that you seek.

• Stephen Berman

  Immigration Attorney

  Answered on July 2, 2020

  I am not aware that you are required to prove you are not likely to become a public charge, to be granted the removal of condition as an EB-5.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 2, 2020

  Since the adjudication of an I-829 petition to remove the condition does not involve an adjudication by USCIS of your admissibility under the new public charge rule, taking government benefits should not affect your I-829, assuming you properly apply and qualify for those benefits.

• Lynne Feldman

  Immigration Attorney

  Answered on July 2, 2020

  It should not since you are a permanent resident, provided you meet the requirements of any program you apply to.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on July 2, 2020

  It should not affect your I-829 considering the extraordinary circumstances in the country. However, it is advisable such assistance be temporary at best and it should not a permanent occurrence.

• Linda Liang

  Immigration Attorney

  Answered on July 2, 2020

  If you did not sign an affidavit, you should be fine.

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 2, 2020

  My understanding of the new public charge rules is that it is for the initial green card application. I had not seen that they are taking the new form I-944 with the I-829.