刚有朋友绿卡返美的时候被问有没有用过social wellfare.难道这个移民法案会影响到拿了绿卡很多年的人吗？ 按照public charge的definition，感觉绿卡老人家一般都很危险啊。家里长辈没有绿卡，但是有个长期的阿姨是绿卡，她没有用过社会福利，只是有obamacare的subsidy。准备明年回国探亲，年纪大概60，不会英文、没有教育水平和财产。这种情况会不会在海关被拒入境呢？ The rule identifies characteristics deemed as positive factors that reduce the likelihood of an individual becoming a public charge and negative factors that increase the likelihood of becoming a public charge. In general, being younger or older than working age, having health needs, lacking private health coverage, having limited income or resources, not being employed and not being a primary caregiver, having a lower education level, having limited English proficiency, and using or previously using public benefit programs would be considered negative factors. The rule establishes a new income standard of 125% of the federal poverty level (FPL) ($26,663 for a family of three as of 2019); family income below that standard will be considered to be a negative factor.9
The rule also identifies heavily weighted negative or positive factors. One heavily weighted negative factor is having received or being approved to receive one or more public benefits for more than 12 months in the aggregate within the 36-month period prior to applying for admission or adjustment of status. Another health-related heavily weighted negative factor includes having a medical condition that is likely to require extensive treatment or institutionalization and being uninsured and lacking the financial resources to pay for the medical costs associated with the condition. Other heavily weighted negative factors include not being a full-time student or employed and having been previously found inadmissible or deportable on public charge grounds. Heavily weighted positive factors include having income above 250% of the FPL ($53,325 for a family of three in 2019) or having private health insurance that is not subsidized by Affordable Care Act tax credits.
这里面说public charge inadmissible rule应用三种情况： Which Individuals does the Public Charge rule apply to ? Direct Recipients only ? Unless, they are exempted by US Congress, below are the various categories of individuals that public charge rule will apply:
Foreigners seeking Non-immigrant Visas (H1B, H4, L1, etc.) or Immigrant visas outside of US Foreigners seeking to do adjustment of status to Lawful Permanent Resident (Green Card) within US. Not all, but some green card holders, when they return from abroad may fall under this rule based on their certain circumstances.
没有严格界定成福利。貌似法律上认为是一种tax subsidy Private health Insurance, Affordable Care Act Premium Tax Credits : In general, due to the complexities of the Affordable care Act (ACA) or Obamacare, DHS has decided to classify ACA as not a public benefit, so will NOT count for public charge determination directly. They do clarify saying that individual having private health insurance will have heavy positive factor weightage in the determination of the public charge on the overall application.
按照public charge的definition，感觉绿卡老人家一般都很危险啊。家里长辈没有绿卡，但是有个长期的阿姨是绿卡，她没有用过社会福利，只是有obamacare的subsidy。准备明年回国探亲，年纪大概60，不会英文、没有教育水平和财产。这种情况会不会在海关被拒入境呢？
The rule identifies characteristics deemed as positive factors that reduce the likelihood of an individual becoming a public charge and negative factors that increase the likelihood of becoming a public charge. In general, being younger or older than working age, having health needs, lacking private health coverage, having limited income or resources, not being employed and not being a primary caregiver, having a lower education level, having limited English proficiency, and using or previously using public benefit programs would be considered negative factors. The rule establishes a new income standard of 125% of the federal poverty level (FPL) ($26,663 for a family of three as of 2019); family income below that standard will be considered to be a negative factor.9
The rule also identifies heavily weighted negative or positive factors. One heavily weighted negative factor is having received or being approved to receive one or more public benefits for more than 12 months in the aggregate within the 36-month period prior to applying for admission or adjustment of status. Another health-related heavily weighted negative factor includes having a medical condition that is likely to require extensive treatment or institutionalization and being uninsured and lacking the financial resources to pay for the medical costs associated with the condition. Other heavily weighted negative factors include not being a full-time student or employed and having been previously found inadmissible or deportable on public charge grounds. Heavily weighted positive factors include having income above 250% of the FPL ($53,325 for a family of three in 2019) or having private health insurance that is not subsidized by Affordable Care Act tax credits.
https://www.google.com/amp/s/www.kff.org/disparities-policy/fact-sheet/public-charge-policies-for-immigrants-implications-for-health-coverage/amp/
这里面说public charge inadmissible rule应用三种情况：
Which Individuals does the Public Charge rule apply to ? Direct Recipients only ?
Unless, they are exempted by US Congress, below are the various categories of individuals that public charge rule will apply:
Foreigners seeking Non-immigrant Visas (H1B, H4, L1, etc.) or Immigrant visas outside of US
Foreigners seeking to do adjustment of status to Lawful Permanent Resident (Green Card) within US.
Not all, but some green card holders, when they return from abroad may fall under this rule based on their certain circumstances.
感觉会
没有严格界定成福利。貌似法律上认为是一种tax subsidy
Private health Insurance, Affordable Care Act Premium Tax Credits : In general, due to the complexities of the Affordable care Act (ACA) or Obamacare, DHS has decided to classify ACA as not a public benefit, so will NOT count for public charge determination directly. They do clarify saying that individual having private health insurance will have heavy positive factor weightage in the determination of the public charge on the overall application.
边检不是home land security吗？为啥没权利？