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IMMIGRATION
LAW & POLICY |
INS issues community education flyer on public
charge rules
Immigrants Rights Update, Vol. 13, No. 7, November 17, 1999
In response to requests from immigrant communities following its May 1999 release of definitive public charge guidance, the Immigration and Naturalization Service has released a two-page flyer summarizing the rules. Published on INS letterhead, the flyer combines the usefulness of a short summary written in plain language with the enhanced credibility of a document published by the INS.
The flyer, "A Quick Guide to Public Charge and Receipt of Public Benefits," informs immigrants that individuals use of any of a wide range of health care, nutrition assistance, and other noncash benefits will not result in their being considered a "public charge." It emphasizes that immigrants applying for naturalization cannot be denied on account of having received any public benefit either in the past or currently. The flyer also clarifies that receipt of benefits by U.S. citizens or lawful permanent residents does not preclude them from sponsoring relatives who want to immigrate, although prospective sponsors cannot count the income from benefits toward the minimum income requirement for sponsoring a relative.
"Public charge" is a term used by the federal government to designate persons who are or are likely to become dependent on government benefits for subsistence, and individuals so designated are subject to grave immigration consequences. Despite the INSs May 1999 issuance of its public charge guidelines, immigrants rights advocates have reported that immigrants remain wary of using important assistance programs. Such reluctance has been attributed to immigrants skepticism towards outreach efforts.
Advocates plan to distribute the flyer widely to educate immigrant communities, immigration attorneys, social service providers, benefits agency personnel, and local INS staff. According to the INS, the flyers may be distributed at community events and reproduced in ethnic newspapers. Immigrants and immigration lawyers may also take the flyer with them to INS and State Department interviews to help ensure that adjudicators are informed about the new rules.
The flyer can be downloaded from the INSs web site at www.ins.usdoj.gov/graphics/publicaffairs/summaries/Public.htm. So far, it is available only in English, but the INS plans to translate it into Spanish, Chinese, Korean, Vietnamese, and Thai.
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