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When Can I Be Deported for Becoming a Public Charge?

When Can I Be Deported for Becoming a Public Charge?

The Immigration and Nationality Act, which is the federal law governing all immigration procedures in the United States, provide that an individual may be inadmissible to the U.S. if he or she is likely to become a public charge. Essentially, a public charge is an individual who is primarily dependent on the government for subsistence, either by receiving public cash assistance for income or by being institutionalized for long-term care at government expense. In order to make the determination as to whether an individual is likely to be a public charge, USCIS may consider any affidavits of support that are filed on the individual’s behalf, as well as a number of other factors, which include:
  • Age
  • Health
  • Family status
  • Assets, resources, and financial status
  • Education and skills
A determination that a foreign national is a public charge can lead to rejection of a visa application to enter the U.S., rejection of an application to adjust to Legal Permanent Resident status, or even deportation in some circumstances. For instance, if an individual becomes a public charge within five years of entering the U.S., he or she becomes deportable. Nonetheless, it is important to keep in mind that taking advantage of some government benefits does not automatically make an individual deportable. For instance, the government generally does not consider attending public schools, receiving school lunch assistance, or obtaining emergency medical care likely to make a person a public charge. However, receiving benefits such as Supplemental Security Income (SSI), Temporary Aid to Needy Families (TANF), and Medicaid, can contribute to a determination that an individual is a public charge. At Landerholm Immigration, A.P.C., we are here to help you through your deportation proceedings and work toward the goal of avoiding deportation altogether. Our experienced California deportation defense lawyers know the ins and outs of federal immigration law and how best to defend you in your deportation case. We know how to identify all of the defenses that are available to you, based on the facts and circumstances surrounding your situation, and obtain the evidence necessary to support those defenses. Call our office today and learn what the attorneys of Landerholm Immigration, A.P.C., can do to help you and your family. Para Espanol haz click aqui!

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