Past due child support and immigration status

On Behalf of | May 12, 2023 | Immigration |

Child support is a court-ordered payment made by a non-custodial parent to support their children’s financial needs. Immigration status is a legal classification that determines an individual’s eligibility to live and work in the United States.

If you are an immigrant who owes past-due child support, you may be wondering how it could affect your immigration status. This article will explore whether past due child support can negatively affect your immigration status.

Child support and immigration laws

There is no direct correlation between past-due child support and immigration status. The Department of Homeland Security does not consider child support payments or arrears as a factor when deciding whether to grant or deny an immigrant’s application for a visa or citizenship. However, if you are an immigrant and you fail to pay child support, it could affect your overall financial situation, which can then have an indirect impact on your immigration status.

Child support and public charge

One way that past due child support could indirectly impact your immigration status is through the public charge rule. The public charge rule is a federal regulation that allows the government to deny an immigrant’s application for a visa or citizenship if they are likely to become a “public charge,” meaning they are likely to rely on government assistance for their financial needs. Although child support payments are not considered public assistance, DHS could count past due child support arrears as a debt that may negatively impact an immigrant’s financial situation.

By being proactive in addressing these issues and paying your child support, you can help ensure a positive outcome for both your immigration status and your financial responsibilities.