What is public charge and How it impacts during COVID-19

What is public charge and How it impacts during COVID-19

“Public charge” is a ground of inadmissibility. Grounds of inadmissibility are reasons that a person could be denied a green card, visa, or admission into the United States. In deciding whether to grant some applicants a green card or a visa, an immigration officer must decide whether that person is likely to become dependent on certain government benefits in the future, which would make them a “public charge.”It is not a test that applies to everyone, not even to all those applying for green cards.

USCIS rules related to Public Charge

In late 2019, the government issued two new rules related to public charge: one for cases decided in the United States, and the other for cases decided at U.S. consulates and embassies abroad. After litigation initially blocked the rule for cases decided in the United States, both rules took effect February 24, 2020.On July 29, 2020 both rules were blocked by two new court orders. In August and September 2020, the Second Circuit Court of Appeals first narrowed the injunction for cases decided by USCIS to New York, Vermont, and Connecticut, and then lifted the injunction altogether, meaning that USCIS can use the new, 2019 rule to decide applications for green cards in all states.

Public Charge implementation during COVID-19

U.S. Citizenship and Immigration Services (USCIS) has announced that getting testing and treatment for COVID-19 (including a vaccine if one becomes available) will not trigger public charge. Now that the public charge rules are blocked during the national emergency in New York, Connecticut, and Vermont, use of healthcare, housing and food programs by applicants in those states cannot trigger a public charge concern. In its announcement, USCIS also indicated that it would take into account other factors in a person’s life due to the pandemic, such as job loss and a need for further benefits, that might impact a public charge decision.

On WHOM it Applies:

• Public charge does not apply to all immigrants. This law mainly impacts those seeking permanent resident status through family member petitions.
• Many immigrant categories are exempt from the public charge ground of inadmissibility, even if they might be applying for status or a green card. U visa holders, T visa holders, asylees, refugees, and many more categories are exempt.
• Public charge laws do not apply in the naturalization process, through which lawful permanent residents apply to become U.S. citizens.