A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Tuesday, April 7, 2020

Benefits Resulting From COVID-19 Exempt From Public Charge Rule


The ongoing COVID-19 coronavirus pandemic has complicated travel and immigration status for many foreign nationals. In addition, many have been forced to seek treatment and other benefits as a result of this crisis.

The recently implemented public charge rule, however, counts the use of public benefits against someone applying to extend or adjust their status. By this definition, treatment funded by Medicaid and certain benefits needed due to inability to work are included. Worryingly, this could mean that seeking treatment and other benefits now would be a detriment to those applying to change or adjust status in the future.

Thankfully, this will not be the case for benefits received as a result of COVID-19. USCIS has announced that receipt of public benefits for necessary medical treatment, testing, and prevention against COVID-19 will not count against applicants in the future.

Those needing benefits after containment efforts such as shutdowns of their school or office will also not be judged negatively. This also applies to those in areas with quarantine measures imposed due to the virus. The applicant can submit a statement with a future application explaining how they were affected by such measures during the pandemic. He/she should also provide evidence to support their statement.

Overall, taking public benefits now for treatment or as a result of controlling contagion will not affect green card or status extension applications. As shown by USCIS' rule, the need to suppress this crisis supersedes the public charge analysis. Any foreign national hesitating to receive aid due to the public charge rule can go ahead and prioritize their health during this difficult time.

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