Family and Children's Medicaid MA-3330 – ALIEN REQUIREMENTS

V. Public Charge

Aliens who seek admission to the U.S. must establish that they will not become ‘public charges.’ Many aliens establish that they will not become public charges by having ‘sponsors’ who pledge to support them. See MA-3313, Sponsor Deeming.

Aliens may ask staff about the consequences of becoming a public charge by applying for assistance. This is of concern to aliens who want to become a Legal Permanent Resident (obtaining a Green Card). A “public charge” is an alien who has become (for deportation purposes) or who is likely to become (for admission/adjustment purposes) solely dependent on government assistance as demonstrated by either:

• The receipt of public cash assistance for income maintenance (including Work First or SSI), or

REVISED 05/01/11 – CHANGE NO. 09-11

(V.)

• The institutionalization for long-term care at government expense (institutionalization for short periods of rehabilitation does not constitute primary dependence)

Refugees and persons granted asylum may receive any benefit, including Work First, without affecting their chances of becoming a Legal Permanent Resident (LPR) or a U.S. citizen.

NOTE: “Income Maintenance” does not include one-time cash payments for emergency assistance or Benefit Diversion. The receipt of public cash assistance for income maintenance for a child does not create a public charge problem for the parent unless that cash assistance is the only source of income for the family.

Long term institutionalized care under Medicaid may result in a public charge determination; however, it does not include short-term rehabilitation stays in long-term care facilities. Being institutionalized for long-term care does not automatically make an individual inadmissible to the U.S., ineligible for legal permanent resident status, or deportable on public charge grounds. The law requires that USCIS officials consider several additional issues. Each determination is made on a case-by-case basis. The county is not involved in this determination. Determine eligibility for this person following all requirements in Medicaid.