If You've Received Public Benefits, Leaving U.S. Risks Being Refused Reentry

Receiving certain public benefits can cause problems for LPRs under certain circumstances having to do with travel outside the United States.

By , Attorney · Case Western Reserve University School of Law

As a U.S. lawful permanent resident (LPR or green card holder), you might be legally able to receive some public benefits, such as SSI, TANF, Social Security, Medicare and more. Exactly which ones you're eligible for depends on the length of your U.S. residence and the type of benefit (as described in What Public Benefits Can a Green Card Holder Receive?). However, that doesn't make receiving public benefits risk-free.

If you have relied on public benefits, particularly cash assistance, and you then travel abroad, your green card status could be put into jeopardy upon attempting to reenter the United States. You run the risk of being declared a "public charge" by U.S. immigration officials and thus losing your immigration status.

The legal reason for this is that a public charge can be deemed "inadmissible" to the U.S., in other words ineligible for U.S. entry or a green card. This won't affect you while you live in the U.S. with a green card; only after travelling overseas for a certain length of time (described below) and attempting to return, as explained in this article.

How Foreign Travel Can Trigger Problems for LPRs Who've Received Public Benefits

A short trip outside the U.S. won't likely put an LPR's immigration status at risk. But receiving certain public benefits can cause problems for LPRs who remain outside of the country for more than 180 days.

When such people try to return to the United States, immigration officials at the border, airport, or other port of entry will treat them differently than LPRs who've been away for less time. In legal terms, the returning LPR is viewed as an applicant for "readmission," who must therefore be inspected for "inadmissibility."

These grounds of inadmissibility are the same ones the LPR had to face when first applying for the U.S. green card; and one of them was the "public charge" ground. People are considered "public charges" if they're apparently likely to become dependent on public benefits. Most people applying for their green card must show that they're either entering the U.S. based on a job offer or have received an Affidavit of Support from a family member, so as to prove to U.S. immigration officials that they'll have a source of income or care and are unlikely to need government financial assistance in the future.

But when the LPR is returning to the U.S. after a long trip, the border or airport officials can look to the past, not just the promised future—and see that the LPR became a public charge after all. At that point, the border official can initiate proceedings to have the person's lawful permanent resident status taken away.

It's also important to note that there are situations in which an LPR will be considered an applicant for admission even after having been outside of the U.S. for 180 days or less. For example, a permanent resident who "engaged in illegal activity" while outside the U.S. would be considered an applicant for readmission even after having been outside of the country for only a few days. In such cases, public charge and other grounds of inadmissibility could also apply, making returning to the U.S. impossible or very difficult.

Immigrants Who Need Not Worry About Public-Charge Inadmissibility

There are a few exceptions to who is subject to the "public charge" ground of inadmissibility. It does not apply to permanent residents who received their green card as refugees or asylees, as Amerasian special immigrants, and in some cases under the Cuban Adjustment Act (CAA), the Nicaraguan Adjustment and Central American Relief Act (NACARA), or the Haitian Refugee Immigration Fairness Act (HRIFA).

Determining Whether a "Public Charge" Finding Is Warranted

Not all U.S. public benefits automatically trigger the "public charge" bar to admission. Immigration officials are supposed to ignore the receipt of most types of non-cash public benefits, such as unemployment, school lunches, job training, Head Start, Social Security Disability (SSDI), and emergency relief when making a public-charge decision.

The government's determination isn't automatic. It will consider receipt of public benefits as part of assessing the "totality of circumstances" in someone's case. As part of this "totality," they will also take into account factors like the applicant's age, health, education, skills, family status, and financial assets and resources.

For more information about public benefits and immigration status, see Will Receiving Public Benefits Hurt Your Chances of U.S. Citizenship?

Getting Legal Help

If you have any concerns that you've received public benefits in the United States that will put you at risk of inadmissibility after foreign travel, by all means consult an experienced immigration attorney before you go.

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