The INS representative presented highlights of the recent guidance, published in the May 26 Federal Register .
Field guidance is in place and effective as of that date.
An alien is a public charge if he or she is primarily dependent on government cash assistance for subsistence. In addition, public assistance, including Medicaid, that is used for supporting aliens who reside in an institution for long term care will also be considered by INS as part of public charge. Non-cash benefits that are not intended for income maintenance are not subject to public charge consideration. Thus, the only possibility where health benefits may incur a public charge consideration is if a person enters a nursing home or other institution for long-term care. The INS has hosted one training session and will host sessions in five additional cities between this July and September.