General policyGUIDE

Does Receiving Pandemic Assistance Count as a Public Charge?

2 min readAdapted by TOP EASIER

This article reviews how various federal pandemic aid programs relate to the public charge rule: COVID-19 testing, prevention and treatment, relief payments, P-EBT food benefits, unemployment benefits and small business loans do not count as public charge, while Medicaid applied for during the pandemic for non-COVID-19 reasons still counts.

USCIS office building
Topic illustration · USCIS office building · Gulbenk · CC BY-SA 3.0 · Source and license

In the context of the COVID-19 pandemic, the federal government introduced a series of economic relief measures, including tax credit refunds, expanded unemployment benefits, direct financial assistance to families, and federal funding for businesses and healthcare providers. Using disaster relief assistance does not constitute public charge (a pandemic is also a type of disaster), and therefore does not affect immigration applications.

COVID-19-Related Medical Assistance

When an individual seeks COVID-19 testing, prevention, or treatment at a medical institution, even if these medical services are federally funded, they are not counted as public charge. However, applying for Medicaid during the pandemic for reasons unrelated to COVID-19 still counts as public charge.

Individual Relief Payments

Many people received government relief payments. This money is an advance payment of a tax credit and does not count as public charge.

  • {https://gonglue.us/83359}
  • {https://gonglue.us/56290}

[add-series id=511][note]Recent changes in immigration and visa policies [/note]

SNAP / Food Stamps

Under The Families First Act, states are authorized to provide Pandemic EBT (P-EBT) to families eligible for the reduced-price lunch program. These families receive a one-time food benefit equal to the cost of school lunches during pandemic-related school closures. P-EBT is considered disaster relief assistance and is not counted as part of the public charge determination.

  • {https://gonglue.us/50129}

Unemployment Benefits

Unemployment benefits are earned benefits and are not considered a public charge. This includes the Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation (PEUC), and Pandemic Unemployment Assistance (PUA) added under The CARES Act, none of which count as public charge.

  • {https://gonglue.us/54783}
  • {https://gonglue.us/55899}

Small Business Loans

Various Small Business Administration loans introduced by the federal government in response to COVID-19 are not counted as public charge. Moreover, small business loans are granted to business entities, not individuals, and public charge is assessed on an individual basis. More information on small business loans is available here (with a Chinese version).

[add-post id=2494] [note] Biden rescinds Trump's new public charge rule [/note]

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