The concept of public charge has been a source of confusion for many business professionals, but it is a term with serious implications. The official definition of “public charge” is a foreign national who is likely to become “primarily dependent” on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.
The History of Public Charge
In the context of U.S. immigration law, public charge has been a doctrine for more than a century. The government first used it in the 1880s as a condition when allowing immigrants to stay permanently in the United States. It has since been adopted as a fact by immigration officers as a basis for denying admission to noncitizens who seek a green card or other type of visa.
Modern Implications of Public Charge
In the modern era, public charge affects those seeking to adjust their immigration status, such as those applying for a visa or green card. The government has set forth a list of factors that will be considered in determining whether someone is likely to become a public charge, including age, health, family status, assets, resources, financial status, education, and skills. These factors are all weighed carefully and are updated periodically to reflect changing legal and economic conditions.
Consequences of Being Considered a Public Charge
The consequences of being considered a “public charge” can be severe. If a noncitizen is determined to be a public charge, their application for a visa or green card will be denied, and they may be subject to deportation depending on their current immigration status. It is important for business professionals to understand public charge and its implications, in order to ensure that their company is compliant with all applicable laws.