How does public charge rule affect my asylum application?
The public charge rule affects your asylum application in California in that it affects your eligibility for certain types of benefits. The rule, which has been in effect since 1999, states that if you receive certain types of financial assistance, it can be used to determine that you are likely to become a “public charge,” or someone who is dependent on the government for subsistence. Under the public charge rule, if you are applying for asylum in California, you are barred from receiving certain benefits while your application is being processed. These benefits include Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and most forms of Medicaid. The public charge rule also applies to employment-based visas. If you have an employment-based visa, the government can consider whether you are likely to become a public charge when deciding whether to grant your visa. They will consider your income, your assets, and depending on the type of visa, whether your employer has offered to provide you with health insurance. In general, the public charge rule may have an effect on your asylum application. Even if you are eligible for certain benefits, it can still be used to determine that you are likely to become a public charge. It is important to be aware of the public charge rule and be prepared to provide evidence that you are not likely to become a public charge if your application is denied.
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