Q: Will my having received federal college financial aid be a problem when returning from travel abroad? I’m a permanent resident. I’m concerned because of the proposed new federal guidelines defining who is “likely to become a public charge.”
I., St. Paul, Minn
A. Receiving college financial aid, including federal grants and loans, does not make you a public charge. Further, the proposed changes about whom the government considers a public charge, apply mainly to individuals who are applying for permanent residence (green card status), not to people already permanent residents. Your letter raises an important question however: can a permanent resident be denied reentry on public charge grounds?
When a permanent resident returns from aboard after a trip of six months or less, Customs and Border Patrol can’t deny entry on public charge grounds. So, for instance if a permanent resident is receiving Medicaid, food stamps or other public benefits, that won’t affect his or her right to reenter.
However, after a continuous trip abroad of more than six months, a CBP officer may question a permanent resident about their potential “inadmissibility.” That includes considering whether the returning immigrant is likely to become a public charge. We’ll know more once the Department of Homeland Security issues the final regulation. I’ll write more on the topic then. Enjoy your travels.
Q: My friend is here on a tourist visa. She wants to become a legal resident so she can work here and eventually become a U.S. citizen. Can she become a legal resident without marrying a citizen or permanent resident?
Vin, by email
A: Probably not. With limited exceptions, to get permanent residence, a person must have a qualifying relative in the United States (U.S. citizen or permanent resident spouse or parent or a U.S. citizen brother or sister), have a scarce job skill, have outstanding skills or talent or fear persecution if returned home. The green card lottery is an option for some, depending on where the person was born. Despite what anti-immigrant restrictionists say, in most cases, there is a “line” that your friend must get in to wait for a green card.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.
