Public Charge Rule in Pomona: What Immigrants Need to Know
Understanding how public benefits affect immigration applications
Quick Answer
For immigrants in Pomona applying for green cards or visas, understanding the public charge rule is essential. SoCal Immigration Services helps families understand how this rule affects their applications and what benefits they can safely use.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For immigrants in Pomona applying for green cards or visas, understanding the public charge rule is essential. SoCal Immigration Services helps families understand how this rule affects their applications and what benefits they can safely use.
What is the Public Charge Rule?
• It's a ground of inadmissibility in immigration law
• Applies when applying for a visa, admission, or green card
• Considers whether you're likely to become a public charge in the future
• Recent rule changes have affected how it's applied
• Not all immigrants are subject to public charge
Who is Subject to Public Charge?
- •Family-based green cards
- •Employment-based green cards
- •Visa applications at consulates
- •Adjustment of status in the U.S.
- •Extension of nonimmigrant status (some categories)
Who is Exempt from Public Charge?
- •Refugees and asylees
- •VAWA self-petitioners
- •T visa holders (trafficking victims)
- •U visa holders (crime victims)
- •Special Immigrant Juveniles
- •Certain Afghan and Iraqi special immigrants
- •Cuban and Haitian entrants
- •Applicants for Temporary Protected Status (TPS)
- •Naturalization applicants
What Benefits Count Under Public Charge?
| Counts as Public Charge | Does NOT Count |
|---|---|
| SSI (Supplemental Security Income) | Medicaid (except long-term care) |
| TANF cash assistance | CHIP (Children's Health Insurance) |
| General Assistance/General Relief | Food stamps (SNAP) |
| Long-term institutionalized care | WIC nutrition program |
| Housing assistance (Section 8) | |
| School lunch programs | |
| Emergency Medicaid |
Factors USCIS Considers
- •Age - very young or elderly may have less ability to work
- •Health - chronic illness may affect ability to work
- •Family status - number of dependents
- •Assets, resources, and financial status
- •Education and skills
- •Employment history and current employment
- •Affidavit of Support (Form I-864) from sponsor
- •Previous receipt of public benefits
The Affidavit of Support (I-864)
• Sponsor must meet 125% of federal poverty guidelines
• Creates a legally enforceable obligation
• Joint sponsors can help if primary sponsor's income is insufficient
• Demonstrates the immigrant won't need public benefits
• Required for most family-based and some employment-based cases
Income Requirements for 2025
| Household Size | Minimum Income Required |
|---|---|
| 2 persons | $25,550 |
| 3 persons | $32,187 |
| 4 persons | $38,825 |
| 5 persons | $45,462 |
| 6 persons | $52,100 |
| Each additional | +$6,637 |
Benefits Safe to Use
- •Emergency Medicaid services
- •School-based services (free lunch, special education)
- •Immunizations and treatment of communicable diseases
- •Emergency disaster relief
- •Food banks and community food assistance
- •Head Start and early education programs
- •Job training programs
- •COVID-19 testing and treatment (and related benefits)
Common Public Charge Concerns
- 1Using Benefits for Children
Benefits used by U.S. citizen children generally don't count against immigrant parents.
- 2Past Benefit Use
Benefits used in the past (before applying) are only one factor in the totality of circumstances.
- 3Emergency Benefits
Emergency services including emergency Medicaid are exempt from public charge.
- 4COVID-19 Related Benefits
Benefits related to COVID-19 testing, treatment, and relief are not considered.
Public Charge for Arab Immigrants in Pomona
• Large families and income threshold calculations
• Elderly parents being sponsored for green cards
• Self-employed sponsors documenting income
• Using household member income to meet requirements
• Joint sponsor options when income is insufficient
Our Arabic-speaking staff can explain these complex rules clearly.
Our Public Charge Services in Pomona
- •Public charge risk assessment
- •Income calculation for Affidavit of Support
- •I-864 Affidavit of Support preparation
- •Joint sponsor documentation
- •Asset verification and documentation
- •Evidence of employment and skills
- •Arabic language support
- •Guidance on safe benefit use
FAQFrequently Asked Questions
Q:Will using Medicaid hurt my green card application?
A: Regular Medicaid generally does not count under current public charge rules. Only long-term institutionalized care at government expense is considered. Emergency Medicaid never counts.
Q:Can I use food stamps while waiting for my green card?
A: SNAP (food stamps) is not considered under current public charge policy. However, some families choose to avoid it during the application process to be cautious.
Q:What if my sponsor doesn't make enough money?
A: You can use a joint sponsor (another person who meets income requirements) or combine household income from family members living with the sponsor.
Q:Are my U.S. citizen children's benefits counted against me?
A: Generally no. Benefits received by U.S. citizen family members are not attributed to the immigrant applicant for public charge purposes.
Q:I received benefits in the past. Is my case hopeless?
A: Not at all. Past benefit use is just one factor. Strong employment, income, health, and sponsor support can overcome past benefit use.
Q:Does public charge apply to citizenship applications?
A: No. Public charge is not a consideration for naturalization (citizenship) applications.
Worried About Public Charge in Pomona?
Don't let fear of public charge keep you from benefits you need or delay your green card. Let us help you understand your situation.
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