President Trump has proposed a rule change that would expand the public charge ground of inadmissibility. That rule is not yet in effect. Rumors are going around that any permanent resident who has used any form of public assistance will not be allowed to re-enter the U.S. from travel abroad. This is not true. “Admission” means something very specific under immigration law, and permanent residents returning to the U.S. are not generally considered to be seeking “admission” and are thus not subject to the public charge grounds on inadmissibility. Permanent residents are only considered to be seeking admission if:
- they have abandoned their residence in the U.S.
- they have been outside of the U.S. for more than 180 consecutive days
- they have engaged in criminal activity while abroad
- they have committed a crime in the U.S. before departing, which crime has not already been excused; or
- they are attempting to re-enter the U.S. illegally, i.e. at other than an official port of entry.
Accordingly, the vast majority of permanent residents traveling abroad should have no issues returning to the U.S.
For further details, see the attached fact sheet and also visit: https://www.ilrc.org/public-charge
222 St. John Street, Suite 321
Portland, ME 04102
© 2018 Landis Arn & Jaynes, P.A