Q: Will living in a government subsidized housing affect my change of status from non-immigrant to immigrant in the future?
I came to the US from Nigeria in August 2017 to do my PhD with F1 visa. The program is for four years. My family (Wife, 3 yrs old daughter and 1 yr old son) joined me in August 2018 with F2 visas. Our only income is the stipend I receive working as a graduate assistant in my department. More than half of the stipend goes into rent and there's little left for family upkeep and this has compelled me to start looking at subsidized housing. There are a good number of them in the city we live in (Richmond, VA). I do make my visa status clear to the property management and they would say that I am welcome to apply. People graduating from my program usually get a placement in academia and within 12-18 months, they get a permanent residency status. I am hoping to follow this same trail but I want to be sure that if I go ahead and live in a in a subsidized house that it won't be an obstacle in the future for a change of status, so I thought to ask an immigration attorney. Thank you!
A: While in the past use of subsidized or section 8 housing has not necessarily been considered in making a public charge determination, the Department of Homeland Security recently published proposed rules to expand the types of assistance that would be considered in a public charge determination. That list would include public housing and section 8 housing. If you are found to be a public charge, then it can result in a denial of your green card. Since none of us can predict the future and since the government has made it plain that it intends to make it easier for them to consider certain immigrants as a public charge, I would recommend that you do not take subsidized housing as it may jeopardize your immigration position in the future. I would also recommend that you speak with the public housing administrator in your state and make an appointment with an experienced immigration attorney.
A: Once new public charge guidelines come online, the fact that you live in public housing could be one factor that the government might consider in a public charge determination; however, it shouldn’t disqualify you outright.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
