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ES“PUBLIC CHARGE” IS A TERM USED BY U.S. IMMIGRATION OFFICIALS OFFICALS to refer to a person who is considered primarily dependent on the government for subsistence, as demonstrated by either receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Primarily dependent on the government for subsistence when someone has received designated benefits for more than 12 months in the aggregate within a 36-month period since obtaining the nonimmigrant status they wish to extend or change, up until the time of adjudication of the extension of stay or change of status request. Where this consideration applies, an immigrant who is found to be “likely…to become a public charge” may be denied admission to the U.S. or lawful permanent resident status.
Since IIRIRA in 1996, the government has relied on an affidavit of support in order to recover money due to the government regarding services rendered to an immigrant who are not supposed to use public assistance. Since the government has had difficulty enforcing affidavit of supports, they are starting to request public charge bonds.
The current administration wants the immigrant t be able to support themselves and not rely on their sponsor(s) for financial help. Therefore they are no longer heavily relying on the affidavit of support. One way to ensure the immigrant can prove their financial viability is to post a public charge bond that would ensure the government would be reimbursed if the immigrant uses certain public assistance up to the bond amount.
A public charge bond could be required for someone who is trying to legally enter the United States by the State Department at a US Embassy or US Consulate abroad or by USCIS (United States Citizenship and Immigration Services) when someone is in the United States and trying to adjust their status to a LPR (Legal Permanent Resident).
Someone who is otherwise inadmissible because of their likelihood of becoming a public charge may become admissible to the United States or able to adjust their status upon the posting of a public charge bond.
