Can LPR be denied entry due to partial disability?

[sach_nyc]

Hello Guys,

If LPR was sick for long time (6-7 years) and now recovered and planning to start working from home, can CBP deny entry when he is returning to USA with valid re-entry permit?

Thanks
Sach

[scientist2016]

No.

[sach_nyc]

thanks!!

[newacct]

If he was out of the US for more than 180 days, maybe. An LPR who is absent for more than 180 days is considered an applicant for admission when returning, which means they are subject to all the grounds of inadmissibility, including the public charge ground of inadmissibility. The new rules regarding public charge inadmissibility that took effect February 24, 2020, consider many things, including the person's health and ability to pay for medical expenses.

[sach_nyc]

If he was out of the US for more than 180 days, maybe. An LPR who is absent for more than 180 days is considered an applicant for admission when returning, which means they are subject to all the grounds of inadmissibility, including the public charge ground of inadmissibility. The new rules regarding public charge inadmissibility that took effect February 24, 2020, consider many things, including the person's health and ability to pay for medical expenses.

Where does it say person's health and ability to pay for medical expenses? see below I saw on uscis site.
https://www.uscis.gov/news/fact-shee...rge-fact-sheet Benefits Considered

DHS will only consider public benefits as listed in the rule, including:

• Supplemental Security Income;
• Temporary Assistance for Needy Families;
• Any federal, state, local, or tribal cash benefit programs for income maintenance (often called general assistance in the state context, but which may exist under other names);
• Supplemental Nutrition Assistance Program (formerly called food stamps);
• Section 8 Housing Assistance under the Housing Choice Voucher Program;
• Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
• Public Housing (under the Housing Act of 1937, 42 U.S.C. 1437 et seq.); and
• Federally funded Medicaid (with certain exclusions).

[newacct]

Where does it say person's health and ability to pay for medical expenses? see below I saw on uscis site.
https://www.uscis.gov/news/fact-shee...rge-fact-sheet Benefits Considered

DHS will only consider public benefits as listed in the rule, including:

• Supplemental Security Income;
• Temporary Assistance for Needy Families;
• Any federal, state, local, or tribal cash benefit programs for income maintenance (often called general assistance in the state context, but which may exist under other names);
• Supplemental Nutrition Assistance Program (formerly called food stamps);
• Section 8 Housing Assistance under the Housing Choice Voucher Program;
• Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
• Public Housing (under the Housing Act of 1937, 42 U.S.C. 1437 et seq.); and
• Federally funded Medicaid (with certain exclusions).

Benefits are not the only things considered in the determination of public charge inadmissibility. As you can see from the page you linked to, the person's age, health, family status, and assets/resources/financial status, are among other things considered. See this part of the USCIS Policy Manual for more details about each of those.

[sach_nyc]

Benefits are not the only things considered in the determination of public charge inadmissibility. As you can see from the page you linked to, the person's age, health, family status, and assets/resources/financial status, are among other things considered. See this part of the USCIS Policy Manual for more details about each of those.

thanks for input. problem is cbp operates differently than uscis. What if LPR has re-entry permit too?

[newacct]

thanks for input. problem is cbp operates differently than uscis. What if LPR has re-entry permit too?

The recent public charge inadmissibility rule was issued by DHS, which includes both USCIS and CBP. If you want to look at the actual rule, here is the proposed rule and here is the final rule. I am not sure how much scrutiny regarding public charge CBP would apply to returning permanent residents, especially since they are not asked to fill out any form like people applying for visas or green cards. Also note that even if CBP lets you in, if you apply for naturalization later, USCIS can re-examine your previous admissions, and potentially retroactively determine you to have not been lawfully admitted as an LPR if they feel that you should have been inadmissible at the time of your admission (see here).

Having a re-entry permit just makes it so that the person won't be found to have abandoned residence due to length of absence alone. They can still be found inadmissible if they are returning after an absence of 180 days.

[sach_nyc]

The recent public charge inadmissibility rule was issued by DHS, which includes both USCIS and CBP. If you want to look at the actual rule, here is the proposed rule and here is the final rule. I am not sure how much scrutiny regarding public charge CBP would apply to returning permanent residents, especially since they are not asked to fill out any form like people applying for visas or green cards. Also note that even if CBP lets you in, if you apply for naturalization later, USCIS can re-examine your previous admissions, and potentially retroactively determine you to have not been lawfully admitted as an LPR if they feel that you should have been inadmissible at the time of your admission (see here).

Having a re-entry permit just makes it so that the person won't be found to have abandoned residence due to length of absence alone. They can still be found inadmissible if they are returning after an absence of 180 days.

thanks for reply. I have asked this question to my immigration lawyer. I have recovered from a illness (that's why I was out of USA) and will start working very soon. I am also working on a new business idea on side. I have two earlier businesses which did not do well. I also have a 1 year re-entry permit. I am reading this new inadmissibility criteria and see how I fair. Btw, Next time I am only out for 6 months until I get my citizenship. I do not like these new rules coming up. Below is my summary:

Age is positive - I am 41. I will keep passport for date of birth

health - Is positive...no diagnosed serious illness and I can work.

family status - single...good..not much responsibility

income, resources and financial status - not working for another company is a problem. I have my own LLC though for financial trading but I am learning it right now..no income from it. I have two other business in last few years and they were in loss too. I do have assets in cash and apartment in india. I put house in my mother's name as she wanted to own a house or apartment so this could be a issue. I consider it mine but yes, legally it can be issue. Including cash assets, crypto assets, apartment and some lost crypto in a exchange hack, my net worth is above 100K. Exchange hack legal case is ongoing so there is hope for recovery. I am planning to get net worth cert from CPA in india...will it help? or should I get it from USA CPA?

educational requirements - copy of degree in engineering, work experience letters, resume, etc copy of high school etc, equivalency certificate etc
public benefits - never received public benefits
health insurance - As I was out of USA, I did not buy health insurance in USA. but I will buy before I travel.

what do you think about my status? You seem as knowledgeable as lawyer.