In the context of immigrants applying for Adjustment of Status (AoS) in the United States based on marriage, the term "state or long-term care at government expense" can be particularly relevant in relation to the public charge rule. Here's how it applies:
Public Charge Considerations: When applying for AoS, immigrants are evaluated to ensure they are not likely to become a public charge, which means being primarily dependent on the government for subsistence. The U.S. Citizenship and Immigration Services (USCIS) considers whether an applicant is likely to require certain government-funded assistance programs.
Impact on Immigration Process: Receiving long-term care at the expense of the government could potentially impact an immigrant's application for AoS. If the individual is likely to require extensive and publicly funded long-term care, this could be seen as a negative factor in their public charge assessment.
Affidavit of Support: For marriage-based AoS, the U.S. citizen or lawful permanent resident spouse typically must submit an Affidavit of Support. This document serves as a guarantee that the immigrant spouse will not become a public charge and that the U.S. sponsor has adequate financial resources to support them.
Exemptions and Considerations: Certain categories of immigrants, such as refugees, asylees, and certain victims of domestic violence, are exempt from the public charge rule. Additionally, the rule considers a variety of factors, including age, health, family status, assets, resources, financial status, education, and skills.
Health Insurance and Care Needs: Having health insurance or the financial means to pay for medical and long-term care needs can be a positive factor in the public charge assessment. Immigrants are encouraged to demonstrate that they can afford health care without relying on public benefits.
It's important for immigrants undergoing the AoS process based on marriage to understand how their use of public benefits, particularly long-term care at government expense, might affect their application. Consulting with an immigration attorney for personalized legal advice is recommended in such cases. USAPath will be unable to assist you if you have availed government paid assistance.