23 Miss. Code. R. 102-3.37 - Public Charge

A. Aliens who seek admission to the U.S. must establish that they will not become public charges.'

B. A "public charge" is an alien who has become (for deportation purposes), or who is likely become (for admission/adjustment purposes), solely dependent on government assistance as demonstrated by either

1. Receipt of public cash assistance for income maintenance (including Work First or SSI); or

a) "Income Maintenance" does not include one-time cash payments for emergency assistance or Benefit Diversion. The receipt of public cash assistance for income maintenance for a child does not create a public charge problem for the parent unless that cash assistance is the only source of income for the family.

2. Institutionalization for long-term care at government expense.

a) Institutionalization for short periods of rehabilitation does not constitute primary dependence. Many aliens establish that they will not become public charges by having sponsors' who pledge to support them.

b) Aliens may ask staff about the consequences of becoming a public charge by applying for assistance. This is of concern to aliens who want to become Legal Permanent Residents and obtain a Green Card.

c) Long term institutionalized care under Medicaid may result in a public charge determination; however, this does not include short-term rehabilitation stays in long-term care facilities.

d) However, being institutionalized for long-term care does not automatically make an individual inadmissible to the U.S., ineligible for legal permanent resident status, or deportable on public charge grounds. The law requires that USCIS officials consider several additional issues. Each determination is made on a case-by-case basis and the regional office is not involved in this determination.

3. It should be noted that refugees and persons granted asylum may receive any benefit, including Work First, without affecting their chances of becoming a Legal Permanent Resident (LPR) or a U.S. citizen.

Notes

23 Miss. Code. R. 102-3.37

INA § 212(a)(4).