USCIS: COVID-19 Testing and Treatment Will Not Affect Public Charge Determination for Green Card Applications
This article explains USCIS guidance on the public charge rule during the COVID-19 pandemic: testing, treatment, and preventive services (including vaccines) are not considered in public charge determinations and do not affect nonimmigrant extensions or changes of status. It also covers the rule's background, factors considered, and situations where applicants may submit explanations.
Update: {https://gonglue.us/2494}.
###
After Trump took office, the U.S. government expanded the definition of "Public Charge," including the use of government medical benefits such as Medicaid, which may affect future green card applications and other immigration services.
As the COVID-19 pandemic intensified, under questioning by Congresswoman Katie Porter (D-CA), the CDC promised to provide free COVID-19 testing for all Americans (the CDC did not promise free treatment; even with health insurance, there may be high out-of-pocket costs [reference]).
However, foreigners in the United States may worry that this could be seen as using U.S. public benefits and thus affect their future immigration applications, so they may be afraid to get tested. To alleviate these concerns, USCIS specifically clarified on its official website that COVID-19 testing and treatment, even if provided or paid for by government Medicaid, are not considered under the public charge rule and will not affect green card applications or other immigration services such as visa extensions.
The USCIS announcement is as follows [source]:
USCIS encourages all those, including aliens, with symptoms that resemble Coronavirus Disease 2019 (COVID-19) (fever, cough, shortness of breath) to seek necessary medical treatment or preventive services. Such treatment or preventive services will not negatively affect any alien as part of a future Public Charge analysis. The Inadmissibility on Public Charge Grounds final rule is critical to defending and protecting Americans’ health and its health care resources. The Public Charge rule does not restrict access to testing, screening, or treatment of communicable diseases, including COVID-19. In addition, the rule does not restrict access to vaccines for children or adults to prevent vaccine-preventable diseases. Importantly, for purposes of a public charge inadmissibility determination, USCIS considers the receipt of public benefits as only one consideration among a number of factors and considerations in the totality of the alien’s circumstances over a period of time with no single factor being outcome determinative. To address the possibility that some aliens impacted by COVID-19 may be hesitant to seek necessary medical treatment or preventive services, USCIS will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination, nor as related to the public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status, even if such treatment is provided or paid for by one or more public benefits, as defined in the rule (e.g. federally funded Medicaid). The rule requires USCIS to consider the receipt of certain cash and non-cash public benefits, including those that may be used to obtain testing or treatment for COVID-19 in a public charge inadmissibility determination, and for purposes of a public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status. The list of public benefits considered for this purpose includes most forms of federally funded Medicaid (for those over 21), but does not include CHIP, or State, local, or tribal public health care services/assistance that are not funded by federal Medicaid. In addition, if an alien subject to the public charge ground of inadmissibility lives and works in a jurisdiction where disease prevention methods such as social distancing or quarantine are in place, or where the alien’s employer, school, or university voluntarily shuts down operations to prevent the spread of COVID-19, the alien may submit a statement with his or her application for adjustment of status to explain how such methods or policies have affected the alien as relevant to the factors USCIS must consider in a public charge inadmissibility determination. For example, if the alien is prevented from working or attending school, and must rely on public benefits for the duration of the COVID-19 outbreak and recovery phase, the alien can provide an explanation and relevant supporting documentation. To the extent relevant and credible, USCIS will take all such evidence into consideration in the totality of the alien’s circumstances.
