Impacts of New public charge rule proposal - Kids, H4, H1B

USA H1B Visa
1

I read the information posted in this blog related to new public-charge/public benefits rule and have few questions.

My Kids are U.S.Citizens and we are planning to send them to pre-school under “title one grant program” where they don’t need to pay monthly fee for pre-school (this would be 2 years program).
Now my questions are:

  1. How do we figure out if this program comes under public-charge or not?
  2. Does this considered into public-benefits/public-charge?
  3. Does this effect H1/H4 visa extensions or parents?
  • Under exceptions i also read below points (copy pasting the section from the blog). but need clarification on this.
  1. “School based services or benefits for students until secondary education.”
  2. “Also, it does not apply to anyone such as guardians, who are receiving benefits on someone else behalf, including someone using power of attorney.”
2
  1. The public benefits are clearly listed, if it is not there, it is not public charge.
  2. Kids education is not public charge.
  3. Well, they may ask for details as needed, if they believe there is potential and you may need to file form I-944. Read What is Form I-944 ? How USCIS determines Public Charge ? Info to Fill ? - RedBus2US
3

Thanks.

In complete document (800 page), i see this school-based services are listed as 3rd sub-point under Medicaid.(b)(1)(5).
This is why i had a doubt that is this school-based point refers only Medical related benefits only?
https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds

(5) Medicaid under 42 U.S.C. 1396 et seq., except for:
(i) Benefits received for an emergency medical condition as described in 42
U.S.C. 1396b(v)(2)-(3), 42 CFR 440.255(c);
(ii) Services or benefits funded by Medicaid but provided under the Individuals
with Disabilities Education Act (IDEA) 20 U.S.C. 1400 et seq.;
(iii) School-based services or benefits provided to individuals who are at or
below the oldest age eligible for secondary education as determined under State or local
law;
(iv) Benefits received by an alien under 21 years of age, or a woman during
pregnancy (and during the 60-day period beginning on the last day of the pregnancy).

4

I see your point. But, they have clearly mentioned that any benefit that is not listed as public benefit does not really count. You can check the above link form as well, where they do NOT talk about school education. So, you can safely assume that. See below.
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