Houston Immigration Legal Services Collaborative
  • ABOUT US
    • History & Mission
    • 2021 Annual Report
    • Executive Committee
    • Staff
    • HILSC Grant Making
    • FAQ
  • BLOG
  • MEMBERS
    • LEGAL SERVICE PROVIDER MEMBERS
      • BakerRipley
      • Boat People SOS
      • Bonding Against Adversity
      • Catholic Charities
      • Chinese Community Center
      • Galveston-Houston Immigrant Representation Project
      • Justice for All Immigrants
      • Kids In Need of Defense (KIND)
      • Memorial Assistance Ministries
      • OCA-Greater Houston
      • South Texas College of Law Houston
      • Tahirih Justice Center
      • University of Houston Law Center
      • YMCA International Services
    • GENERAL MEMBERS
      • The Alliance
      • BLMP
      • Children’s Immigration Law Academy
      • Daya
      • Fe y Justicia Worker Center
      • Gulf Coast Leadership Council
      • Houston Volunteer Lawyers
      • LaUnidad11
      • Living Hope Wheelchair Assoc.
      • Mi Familia Vota
      • NALEO Educational Fund
      • Texas Organizing Project
      • The Trauma and Grief (TAG)
      • United We Dream
      • Young Center
    • STAKEHOLDERS
      • ACLU Texas
      • Antena Houston
      • ECHOS
      • HGI Counseling
      • The Office of New Americans and Immigrant Communities
  • WHAT WE DO
    • RESOURCES
      • AccessHou
      • Need Help?
      • Notario Fraud Prevention
      • Recent Changes to Immigration Policy
        • Public Charge – News, Resources, and Action Guides
      • Legal Resources, by Subject Matter
      • Immigration Program Management
      • Immigration Research and Data
      • Educator Resource Guide
      • HILSC Working Groups
    • PROGRAMS
      • Access to Services
      • Connect for Healthcare
      • Immigrant Legal Services Fund
        • Deportation Defense Houston
      • Disaster Equity
      • Disaster Recovery Legal Corps
      • Forensic Evaluations
      • Immigrant Resource Hotline
      • Immigration Court Help Desk
  • EVENTS
    • Legal Services Calendar
    • Community Events Calendar
    • Trainings Calendar
  • GET INVOLVED
    • Jobs
    • Volunteer
    • Advocacy
    • Donate
  • CONTACT
  • Search
  • Menu Menu
  • Twitter
  • Facebook

Public Charge – For Community Based Organizations

You are here: Home1 / Public Charge – For Community Based Organizations / Events2

UPDATE (10/29/19):

  • Dept. of Homeland Security final rule: A federal court enjoined the final rule from taking effect (it was scheduled to go into effect on 10/15/19). The injunction will remain in place until the entire case is heard, unless the government appeals the injunction and it is overturned.
  • Dept of State interim final rule: DOS published an interim final rule in October 2019 to mirror the enjoined DHS regulation. The regulation was scheduled to go into effect on October 15, 2019, but implementation has been partially delayed. DOS is accepting public comments until November 12, 2019.  DOS plan to issue a new form (Public Charge Questionnaire), but it is not anticipated it will go into effect until 2020.
  • Presidential Proclamation on Health Insurance: The October 4, 2019 proclamation states that immigrant visa applicants will be denied entry to the US unless they can show that they either have or can get approved health insurance within 30 days of admission or they have enough resources to pay for reasonably foreseeable medical costs. The date of implementation of this proclamation is November 3, 2019, although there will likely be litigation.

For more detail, see CLINIC’s analysis

What community organizations should know about Public Charge

The proposal establishes factors that will be considered “heavily weighted negative factors” and “heavily weighted positive factors.” Use of specified government benefits are considered heavily weighted negative factors. Heavily weighted positive factors include having a household income of at least 250% of the federal poverty level. It is not clear how an officer should decide a case that has both heavily weighted negative and positive factors.

What to Tell Community Members

If the rule is finalized, there will be at least a two-month period for you to make a decision about whether or not to stay enrolled in critical public programs.

If you are applying for a green card in the U.S. now, use of benefits listed in the proposed changes cannot be used against you right now. The use of past benefits will not affect you.

Programs used by your U.S. citizen children will never be used against you unless it’s your family’s main source of income. Right now, there is no reason to drop health care, food assistance, or housing your family needs.

Every family is different, and the programs that help your family might not even be covered by the government’s proposal.

General Screening Questions
There are lots of organizations that can help. Talk to an immigration attorney to give you advice based on your specific situation.

RESOURCES: Community Module

Check out our community module!

Be mindful of Unauthorized Practice of Law

Click here to learn more about Notario Fraud Prevention.

Additional Community Resources

  • Let’s Talk About Public Charge(PIF Campaign)
  • Keep Getting the Help You Need (PIF Campaign)
  • Frequently Asked Questions on Public Charge for Immigrant Families(MomsRising and PIF Campaign)
  • State Public Benefits Charts and Interactive Map of Benefits Eligibility (A resource for immigrant advocates, health service providers, and legal service providers – Developed by the National Immigrant Women’s Advocacy Project)

For more information, check out Protecting Immigrant Families Campaign…

Information for Lawful Permanent Residents

Applying to enter the U.S. from abroad

The U.S. government’s policy about public charge has already changed for people who are seeking a visa or a green card at consular offices outside of the U.S. In January 2018, the U.S. State Department revised its Foreign Affairs Manual (FAM) to institute new policies on public charge. If you are seeking a visa to enter the U.S., you may be subject to the public charge test and will have to show why you should not be deemed likely to become a public charge.

For more information on this, see the National Immigration Law Center’s publication Changes to “Public Charge” Instructions in the U.S. State Department’s Manual.

Traveling Green Card holders

If you have a green card, you may be subject to the public charge test when you try to reenter the U.S. if you travel abroad for more than six months. We suggest that, before you leave the U.S., you discuss your travel plans with an immigration attorney.

Other information

The public charge test is forward-looking.  It would not consider any newly listed benefits used prior to the date the proposed new rule takes effect. If you previously received help from government programs but your situation has changed, you can show that you will not need those services now or in the future (for example, because you now have a job).

Information for Noncitizens applying to enter the U.S.

Lawful permanent residents receiving help from government programs

You cannot lose your green card just because you, your child, or other family members use benefits properly. And you cannot be denied U.S. citizenship for lawfully receiving benefits. But you may have a problem if you leave the U.S. for more than six months and then try to reenter the country, because at that point you are requesting “reentry” into the U.S. If you’re planning an extended trip outside the U.S., speak with an immigration attorney before you leave.

Green Card Renewals

The public charge test does not apply when you renew a green card. The renewal application may not be denied based on your use of programs for which you are eligible.

Naturalized U.S. Citizens

U.S. citizens cannot lose their citizenship based on their lawful use of public benefits. Once you become a U.S. citizen, the government may not deport you and must always let you return to the U.S. after you travel outside the country.

The Collaborative

The Collaborative plays a critical convening, coordinating, and communication role in the legal services community. Through our work, more immigrants are receiving low-cost, high-quality legal services for immigration issues in Houston. Our work has become even more urgent in 2019, as the policy environment in which we work becomes increasingly hostile to immigrants. We have seen a dramatic increase in the demand for immigration legal services and education & outreach efforts in Houston’s diverse immigrant communities.

Resources

  • Need Help?
  • Notario Fraud Prevention
  • Disaster Equity
  • Recent Changes to Immigration Policy
  • Legal Resources, by Subject Matter
  • Immigration Program Management
  • Immigration Research and Data
  • Immigrant Resource Hotline
  • Deportation Defense Houston

Support Us

Click HERE to Donate

© Copyright - Houston Immigration Legal Services Collaborative
  • ABOUT US
  • BLOG
  • MEMBERS
  • WHAT WE DO
  • EVENTS
  • GET INVOLVED
  • CONTACT
Scroll to top