USCIS - COVID-19 - IMPACT ON INADMISSIBILITY OF PUBLIC CARGO?

Answers to some frequently asked questions about COVID-19 and its impact on public charge inadmissibility determinations.

Will testing, treatment or preventive care for COVID-19 affect the immigration application the public charge rule?

On March 13, the US Citizenship and Immigration Services (USCIS) announced that the agency will not consider "testing, treatment, or preventive care (including vaccinations, if a vaccine is available) related to COVID-19" even if such treatment is provided or paid for by one or more public benefits (for example, federally funded Medicaid).

USCIS encourages all individuals, including foreigners, with symptoms similar to coronavirus 2019 (COVID-19) (fever, cough, respiratory distress) to seek necessary medical treatment or preventive services. Such medical treatment or prevention services will not adversely affect foreigners as part of the future public charge analysis.
https://www.uscis.gov/es/tarjeta-verde/carga-publica

Will obtaining unemployment insurance affect my client's immigration application under the public charge rule?

Unemployment insurance payments are generally not considered by the United States Department of Homeland Security (DHS) for the purpose of making a public charge determination.
As DHS explained in its final rule on inadmissibility on public charge grounds, “DHS would NOT consider federal and state retirement, Social Security retirement benefits, Social Security Disability, post-secondary education, and unemployment benefits as benefits. public under the determination of inadmissibility of the public charge as these are considered benefits obtained through the employment of the person and specific tax deductions ". Additionally, USCIS indicates that unemployment benefits are NOT considered by USCIS in a public charge inadmissibility determination as unemployment insurance is considered by USCIS as an “earned” benefit.
https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

NOTE: The American Immigration Lawyers Association (AILA) clarifies: “The US Department of State (DOS) has not confirmed whether treatment or care related to COVID-19 will be considered part of its analysis of circumstances of the entire public charge. Additionally, the DOS Provisional Final Rule and the Foreign Affairs Manual do not directly address the issue of how unemployment benefits will affect public charge determinations made by consular officers at US consulates. "

Will receiving a recovery refund under the CARES Act affect my client's immigration application under the public charge rule?

On March 27, 2020, the Coronavirus Relief, Relief, and Economic Security Act (CARES) was enacted, an economic recovery package that provides assistance to state and local governments, individuals, small and large businesses, and hospitals affected by the new 19 coronavirus pandemic (COVID-2019).

In particular, the CARES Act provides for the issuance of one-time payments, to help people recover from the economic impacts of the COVID-19 pandemic. Eligible individuals with adjusted gross income up to $ 75,000 can receive a one-time payment of $ 1,200. Married couples filing a joint tax return are eligible to receive a payment of $ 2,400 as long as their adjusted gross income is less than $ 150,000. Eligible individuals can also receive an additional $ 500 for each eligible child under the age of 17.

NOTE: The American Immigration Lawyers Association (AILA) clarifies: “Recovery refunds are structured as automatically advanced tax credits that will be disbursed by the Department of the Treasury. DHS's final rule on inadmissibility on public charge grounds is clear that tax credits are not considered for purposes of a public charge determination. "

USCIS indicates in Volume 8, Part G, Chapter 10 of the USCIS Policy Manual that tax credits are not considered public benefits in a public charge inadmissibility determination.

Similarly, the Department of State Provisional Final Rule (DOS) and the Foreign Affairs Manual (FAM) align with the DHS final rule in the sense that the DOS and FAM provisional final rule indicate that, with the For the purpose of defining “public benefit”, cash assistance for Income maintenance does not include tax credits.
https://fam.state.gov/FAM/09FAM/09FAM030208.html