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What is means-tested pubic benefits?

Pasadena, CA |
Filed under: Immigration

The "means-tested pubic benefits" is stated in the Affidavit of Support Under Section 214A of the Act.

Attorney Answers 2


It is a benefit that is given based upon a persons earnings. If a person is considered to earn at or below the poverty level in order to qualify for the benefit, then they can be considered a public charge. The following, among others, are exceptions and not means tested benefits.

Some confuse unemployment benefits with means tested benefits. These benefits are based upon losing a job and are often paid by both the employers and employees of a state that offers this form of insurance.

Also, emergency medical benefits, even if it is for a pregnancy may not necessarily be a means tested benefit. It will depend upon the situation and the reason for providing it. When a person gives birth, then it is considered a medical emergency and this is the basis for the treatment.

This area is confusing. I recommend an appointment with a candid and experienced immigration attorney, who can explain how applicants are disqualified and how to overcome disqualification.

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

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Any benefit obtain based on one's income level is means tested.

This does not include emergency medicaid or unemployment benefit.

If you are not familiar with the immigration process or otherwise have concerns then it is advisable to contact an immigration lawyer to discuss your case and find a way forward.

Piecemeal answers to questions may not resolve your immigration issues satisfactorily.

You are welcome to use the link provided below.


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