Understanding Public Charge For People Living with and at Risk for HIV

UPDATE (10/15/2019): The Final Rule for the revised Public Charge rule as it applies within the U.S. has now been blocked by federal judges in 3 states—New York, California and Washington.  The rule within the U.S. will now be prevented from taking effect on October 15, 2019.  Please note, however, that for individuals who are subject to consular processing outside of the U.S., recent changes to the public charge rule as issued by the Department of State continue to be in effect.  This notice will be updated regularly.

The U.S. government recently proposed changes to its public charge rule.  Because of these proposed changes, migrant people living with and at risk for HIV may be fearful of using public benefits, including HIV services.  Because these communities lack accurate information about how this rule change may place their family at risk for deportation or hurt their chances of gaining lawful immigration status, this fact sheet seeks to clarify the details of the current public charge rule and how the proposed rule represents a departure from the current rule as it specifically applies to people living with HIV and at risk for HIV.

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