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The worldwide pandemic of COVID-19 has changed the way we live in just a matter of months. Local governments have issued “stay at home” orders and non-essential businesses have been closed for an indefinite amount of time. Individuals across the globe are practicing social distancing in an effort to flatten the curve for the number of new cases. Recently, the U.S. federal government announced the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The largest economic relief bill in U.S. history, the stimulus package will allocate $2.2 trillion in support to individuals and businesses affected by the economic plunge due to the virus. Those people who are in the midst of the U.S. immigration application process may be wondering how the CARES Act will affect their cases, especially in regards to the new Public Charge rule. 

Public Charge Rule 

Itasca immigration lawyerIn response to the coronavirus crisis, USCIS recently announced that the Public Charge rule cannot restrict access to testing, screening, or treatment of communicable diseases, including COVID-19. A Public Charge is defined as an individual who cannot support themselves through employment, financial assets, or assistance from family and instead relies on government benefits. According to U.S. immigration law, an individual who is considered likely to become a public charge is “inadmissible.” This means that they can be denied a Green Card or visa to be admitted into the country. The new Public Charge rule expands the types of publicly funded programs that are used to assess if a person is likely to become a public charge in the future. 

Certain immigrants who are residing in the United States, such as DACA recipients, may be eligible for the COVID-19 stimulus package payment that is on its way to families and individuals. However, some are concerned that this payment could be classified as a public benefit, which could influence a public charge determination later. 

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Posted on in Immigration

DuPage County immigrant visa attorney

When does the New Public Charge Rule take effect?

Adjustment of Status Applications filed on or after Monday, February 24, 2020 will be subject to the new rule.

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Posted on in Immigration

DuPage County adjustment of status attorney

On Monday, February 24, 2020, the U.S. Citizenship and Immigration Services (USCIS) is mandating the implementation of its new Public Charge Rule across the United States.

History

It has been part of immigration law since 1882 that those coming to the United States could not become a public charge, meaning that one emigrating to the United States could not expect the U.S. government to provide financial support to the intending immigrant. The term initially used was “professional beggars.”

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