Section 212.21 - DefinitionsFor the purposes of §§ 212.20 through 212.23 , the following definitions apply:
(a)Likely at any time to become a public charge means likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.(b)Public cash assistance for income maintenance means:(1) Supplemental Security Income (SSI), 42 U.S.C. 1381 et seq.;(2) Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program, 42 U.S.C. 601 et seq.; or(3) State, Tribal, territorial, or local cash benefit programs for income maintenance (often called "General Assistance" in the State context, but which also exist under other names).(c)Long-term institutionalization at government expense means government assistance for long-term institutionalization (in the case of Medicaid, limited to institutional services under section 1905(a) of the Social Security Act) received by a beneficiary, including in a nursing facility or mental health institution. Long-term institutionalization does not include imprisonment for conviction of a crime or institutionalization for short periods for rehabilitation purposes.(d)Receipt (of public benefits). An individual's receipt of public benefits occurs when a public benefit-granting agency provides either public cash assistance for income maintenance or long-term institutionalization at government expense to the individual, where the individual is listed as a beneficiary of such benefits. An individual's application for a public benefit on their own behalf or on behalf of another does not constitute receipt of public benefits by such individual. Approval for future receipt of a public benefit that an individual applied for on their own behalf or on behalf of another does not constitute receipt of public benefits by such an individual. An individual's receipt of public benefits solely on behalf of a third party (including a member of the alien's household as defined in paragraph (f) of this section) does not constitute receipt of public benefits by such individual. The receipt of public benefits solely by a third party (including a member of the alien's household as defined in paragraph (f) of this section), even if an individual assists with the application process, does not constitute receipt for such individual.(e)Government means any Federal, State, Tribal, territorial, or local government entity or entities of the United States.(f)Household: The alien's household includes:(2) The alien's spouse, if physically residing with the alien;(3) If physically residing with the alien, the alien's parents, the alien's unmarried siblings under 21 years of age, and the alien's children as defined in section 101(b)(1) of the Act;(4) Any other individuals (including a spouse or child as defined in section 101(b)(1) of the Act not physically residing with the alien) who are listed as dependents on the alien's federal income tax return; and(5) Any other individual(s) who lists the alien as a dependent on their federal income tax return. 87 FR 55636 , Sept. 9, 2022 84 FR 41501, 10/15/2019; 84 FR 52362, 10/15/2019; 86 FR 14227, 3/15/2021; 87 FR 55636, 12/23/2022