Could accepting financial aid affect my parents’ immigration status?
My mom showed me an article in the Korea Times yesterday.
The headline roughly translates to “U.S.-born citizens who accept financial aid could make parents ineligible for green card.”
The article goes on to discuss the contents of a leaked proposal by the Trump administration to discourage the use of government benefits such as Medicaid, subsidized health insurance, food stamps, and others.
Immigration law has long held that intending immigrants must prove they will not become a “public charge” (or dependent on the government to live). For the past 20 years, the government established that if you have not received monthly cash assistance (like Supplemental Security Income) or long-term medical care paid by Medicaid, you could generally pass the “public charge” test. This meant that utilizing programs like Section 8 Housing, Medi-Cal, WIC cards or government-backed financial aid programs for college would not be fatal to green card applications.
Under the new proposal, an adjudicating officer (AO) could potentially deny someone’s green card application if the AO believed, based on the totality of the circumstances (the big picture) that the applicant would become a public charge in the future. This does not mean that accepting financial aid will automatically result in a green card denial. The AO must look at all the factors. For example:
Scenario A
Green card applicant is in his 50s and is a taxi driver
US Citizen child/sponsor received a Pell Grant to go to college
US Citizen child/sponsor is currently working as a CFO and makes $150K/year
Scenario B
Applicant is in her 70s and is a retired seamstress
US Citizen child/sponsor received financial aid to go to medical school
US Citizen child/sponsor is still in school
Scenario C
Applicant is in his 60s and owns a restaurant
US Citizen child/sponsor received financial aid to go to college
US Citizen child/sponsor is still in school
I believe all of the above scenarios could be approvable because, taking into consideration all the factors, the applicant is not likely to depend on government assistance in the future. Each circumstance is different, and in this political climate, I always recommend talking to an immigration lawyer before applying for or receiving a government benefit. A good lawyer can help make the right arguments to get a positive decision.
However, the real danger with the proposed new policy is that immigrants are afraid. Many taxpaying immigrants are already having second thoughts about seeking medical attention or subsidized groceries for their children out of fear that they may not be able to apply for a green card in the future.
Remember, this policy is still just a proposal and has not yet been officially introduced by the Trump Administration. If you have further questions or concerns about it, check out helpful resources here, here and here.
