What Is a “Public Charge”?
International students with families often experience financial difficulties that are no different from those experienced by American students with families. Although the U.S. government has benefit programs designed to assist low-income families living in the United States, most such programs are available only to U.S. citizens and U.S. permanent residents. Nonimmigrants on F, M, and J visas are generally not eligible. Unfortunately, administrators of many public assistance programs rarely have the expertise to assess eligibility based on immigration status. Overlapping government regulations and eligibility standards–particularly when benefits are requested on behalf of children who are U.S. citizens–compound the confusion.
Remember that when you applied for your nonimmigrant visas you had to demonstrate to the consular officer that you had the means to support not only yourself but your dependents as well. Acceptance of public assistance can be a violation of your immigration status under the “public charge” ground of exclusion. “Public charge” is a term used by the Immigration and Naturalization Service and the State Department to classify persons who have become dependent onfederal or state assistance programs. If the INS finds that you have become a “public charge” because you have accepted public assistance, you could be denied reentry to the United States after a trip home. Your nonimmigrant visa could even be canceled. Such a finding is extremely difficult to overcome or reverse, so be careful. Examples of public-assistance programs not open to nonimmigrants are:
Aid to Families with Dependent Children (AFDC)
Medicaid, which provides reimbursement for medical care to low-income persons
Food Stamps, which provide low-income families with coupons to buy food
Some federally funded housing programs
Remember that even if the administrator of a benefit finds you eligible for support and encourages you to apply for benefits, he or she may not understand that acceptance could affect your immigration status!
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