I-485 "public assistance" question

[Gaspar1234 1]

In the process of filling out an I-485 as a part of a marriage based green card AOS package. Question 63 on the form asks "Have you ever received supplemental security income, temporary assistance for needy families (TANF), or state, tribal territorial, or local cash benefit program for income maintenance (often called "general assistance" in the state context, but which also exist under other names)?"

 

My spouse has taken medical leave from her H1-B employer an received assistance from the state to cover her salary during this time. I understand that the state paid part of her paycheck, and not her employer. Do we need to disclose this on question 63 (or anywhere else)?

 

Thanks!

[Shroy123 751]

Yes for sure it needs to be disclosed

[Gaspar1234 1]

After some research I'm not so sure. Any third opinions on this?

 

According to the LA County Office of Immigrant Affairs, unemployment insurance is not "cash assistance for income maintenance" for the purpose of a public charge determination because "family leave and workers’ compensation are all considered earned employment benefits." and therefore "receiving these benefits cannot be counted against you in a future immigration application."

 

Seems like the distinction is between benefits that become available through employment, and public benefits generally.

[SalishSea 17,970]

3 hours ago, Gaspar1234 said:

After some research I'm not so sure. Any third opinions on this?

 

According to the LA County Office of Immigrant Affairs, unemployment insurance is not "cash assistance for income maintenance" for the purpose of a public charge determination because "family leave and workers’ compensation are all considered earned employment benefits." and therefore "receiving these benefits cannot be counted against you in a future immigration application."

 

Seems like the distinction is between benefits that become available through employment, and public benefits generally.

If it’s a paid family/medical leave type of situation (we also have that in Washington state), then afaik it is not considered a public benefit.  
 

Employees and employers both pay into it via involuntary payroll deductions to the state, like an insurance plan.

[Gaspar1234 1]

This is exactly this situation, thanks so much! It would be egregious if taking medical leave was counted against you for immigration purposes, good to know that's not the case.