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Mana Yegani @Law_Mana
, 6 tweets, 2 min read Read on Twitter
Let's do a summary of what public benefits are included in the public charge assessment and what are not.
The list below is what is NOT included in the public charge assessment under the new proposed regulation:
To be clear, benefits received by the USC or LPR children of the foreign national will NOT be included in the public charge inadmissibility determination if the child is individually awarded the benefit - which would be the norm for Medicaid. However;
It is this second scenario that is confusing because (a) quite often the foreign national will have to affirmatively ask to be excluded from the benefit household, i.e. he has to opt out, and...
(b)If the foreign national is part of the household benefit, then his proportional share of the household benefit-not the children's share-is assigned to him in the public charge analysis bcz their income will be included when determining financial eligibility for the benefit.
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