Questions & Answers

What is considered a public charge that could risk the status of a green card holder?

My family obtained our green card several years ago through the EB-5 program. My son is currently accepting financial aid from a public university. I am wondering if this is considered a public charge and if this would jeopardize our status in the U.S.

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 30, 2019

  The new rule seems to focus on cash assistance to allow someone to simply survive in the U.S. (like food and housing).

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 30, 2019

  The public charge provisions is for people applying to become permanent residents. Here, your son is already a permanent resident.

• BoBi Ahn

  Immigration Attorney

  Answered on September 18, 2019

  For purposes of determining inadmissibility, "public charge" means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. So receiving financial aid for education should not fall under "public charge." And since you are already a green card holder, the public chargeability issue would not arise.

• Marko Issever

  EB-5 Broker Dealer

  Answered on September 18, 2019

  No. This will not be categorized as a public charge item. My understanding is that even if it were to be categorized as a public charge item, that would not have affected you since you already have your green cards as a family. This is a consideration for people who are currently applying for a green card as opposed to the ones who already have green cards. Going to a public university is not one of the "public charge" categories, anyway.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on September 18, 2019

  A financial award at the college level for permanent resident students is generally not considered a public charge. Also, it will not jeopardize your status in the U.S.

• Stephen Berman

  Immigration Attorney

  Answered on September 17, 2019

  Probably not.

• Belma Chinchoy

  Immigration Attorney

  Answered on September 17, 2019

  This is an evolving area of the law and, to a large degree, it remains to be seen how PC will play out. Education does not seem to be the area of concern, but you should connect with your attorney and get a legal opinion addressing your specific situation.

• Charles Foster

  Immigration Attorney

  Answered on September 17, 2019

  Not at all.

• Lynne Feldman

  Immigration Attorney

  Answered on September 17, 2019

  I have not seen that on the list, but the new regulations are about 900 pages long.

• Daniel A Zeft

  Immigration Attorney

  Answered on September 17, 2019

  This will not lead to a determination that you have become a public charge.