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How could the public charge rules impact our citizenship application?

My family received green cards several years ago through the EB-5 program. After becoming permanent residents, we applied for and used some of the benefits from Obama Care. Now we are filing our citizenship applications. Could our applications be denied because of the new rules of public charge? Is there a way to apply for a waiver?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    The new public charge rules do not apply to naturalization applications. Also, a foreign national who is an EB-5 investor and who files an I-485 application to adjust status should be able to satisfy the new public charge rules.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This impacts people apply for green cards, not citizenship.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Public charge applies to the adjustment of status applicants. It does not appear that citizenship applicants have to go through the same process. Either way, Obamacare insurance is not something they are considering.

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    Nayef A Mubarak

    Immigration Attorney
    Answered on

    Any benefits used before should not be hurtful to your case. Benefits after Feb. 24, 2020 can be subject to the rule. Not all insurance from the market place is negative. Be sure to verify if it is allowed or not.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    The public charge rules don not apply to personas who are already permanent residents.

  • Avatar

    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    There is no impact on naturalization applications.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It should not affect you negatively because, as it is, the public charge laws do not apply in the naturalization process.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The public charge rule deals with admissibility to the United States; it does not affect your naturalization application.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    To my knowledge and understanding, to date, Public charge laws do not apply to the naturalization process.

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