This public charge rules has my parents in a panic

Ok small break down my parents own a house in NY the deed is in my dads name and his brother who lives in the VI . The mortgage is in my dads brothers name my dad pays the mortgage claims it in his taxes because it's a 2 family home and collects rent and list it as income he is self employed . My mom doesnt work but she is thinking she should take some classes. She wants to work she was an accountant 20 years again but she took care of us kids . My sister is 19 they are waiting for her to adjust their status to really do anything . They are tired . Question 1. Can they sell the house and buy another house in a southern state that's cheaper for cash can their property be seized ? That's their fear !
2. Do they have to wait to be legal they really want to move out of NY they also have property out of the country they can sell and just buy another house which would be the best option and would any of these help with being public charge and can any of these houses be seized and taken away from them ?

Why dont they buy it and put it on your US citizen sister's name?

I wouldn't move to a Southern state yet especially when Trump is the president. Maybe hold off for a few years before doing so.

Did I miss something? What does Public charge have to do with mortgage?

I live in the South, don't come to the South if you are illegal.


No in-state. In Georgia you can get your immigration status questioned by police.
The South is full stay home.

She attends and Ivy League College and recieved finacial aid and Grant's to cover her tuition . This year 2020 should cover her senior year. So do you think it's ok for her to own property in a year 2021 that financial aid will never need the taxes for ? Just looking for any advice for my parents they're are also looking for legal advice as well . Btw they're looking at North Carolina if that makes a difference my mom needs fresh air she says and space 🙄

Can someone please expand on how this mortgage affects public charge?

I am looking to buy a house in 2020.

Not the mortage per say they are worried their property can be seized being illegal . They said someone told them this breaking news . I was hoping owning a home would be in their favor but they feel the opposite. I'm just gathering information but I'm definitely taking them to a lawyer .

Got it. Let us know what you find out.

It seems unlikely that being undocumented would affect your assets but who knows with this administration.

I've never heard of the government seizing legal property of illegal immigrants - if you own it, you own it. The public charge rules aren't nearly as bad as most people think.

Here's a breakdown from the USCIS website:


Benefits Subject to Public Charge Consideration

USCIS guidance specifies that cash assistance for income maintenance includes:

1. Supplemental Security Income (SSI)
2. Cash assistance from the Temporary Assistance for Needy Families (TANF) program and state or local cash assistance programs for income maintenance, often called “general assistance” programs.
3. In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

Basically - don't apply for emergency funding.

There's also a huge list of things that don't count as public charge stuff:

1. Foodstamps
2. WIC
3. CHIP
4. Medicaid
5. Child care
6. Housing benefits (ie: section
7. Disaster relief
8. Unemployment
9. Earned social security benefits

Your people will be ok dude, don't panic. The public charge rule is dumb because most immigrants don't even qualify for the programs they mention (SSI, Medicaid) only very few (state funded nursing homes, TANF) are even available to people without status.

My advice for them:

1. Stay put. They have a house. They probably have a steady job. Don't move, especially don't move to the deep south.
2. Wait until the sister turns 21 and can file for them.