Long Beach, CA asked in Immigration Law for California

Q: Will the changes in public charge rules affect me (DACA) if I am ever able (not able to, EWI) to adjust status?

Currently, i'm receiving full-scope Medi-Cal.

I'm a DACA recipient who is over 26 and not pregnant. I am not a refugee or asylum seeker.

I already understand that the use of such a benefit does not disqualify me from renewing DACA. However, i'm getting mixed answers on whether or not it will negatively impact any attempt to adjust status (should such a path ever open up to me, Entered Without Inspection.)

I know that I qualify for Medi-Cal as a PRUCOL. But I can't seem to get an answer as to whether or not that makes a difference. Some news outlets are reporting that it will not, but i'm not sure if they're conflating renewing DACA with adjusting status in the future.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: You can be disqualified from adjustment of status. A review of the rather complicated and intimidating form I-944 will likely mean that most applicants will need an immigration attorney to advocate on their behalf. The "likelihood" of being a public charge can result in a subjective and rather biased view.

You really need to seek private medical insurance before you are forced to answer yes with the threat of perjury and rescission should you misrepresent what can be considered a material fact in the evaluation of whether you may be inadmissible for adjustment purposes. If a catastrophic injury requires you to seek payment of medical bills due to inability to pay, then this can create a reason to deny your application.

The current Justices have ruled to allow USCIS to implement the new regulations while the matter is pending, even if the ruling may appear questionable based upon years of experience in this field of law.

The above is general information, not legal advice, and does not create an attorney client relationship.

Stephen Arnold Black agrees with this answer

1 user found this answer helpful

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