Public Health Services related to Covid-19 will not affect aliens with their immigration process

Many Aliens in the U.S. have speculated about the Public Charge law that will affect their immigration processes, but there are certain cases where this law will not apply, for example Public Health Services related to Covid-19.

“USCIS encourages all those, including aliens, with symptoms that resemble Coronavirus 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 statement was published on the website of USCIS and explained that 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).

Others Public Benefits Not Considered

The following is a non-exhaustive list of public benefits that USCIS does not consider in the public charge inadmissibility determination as they are considered earned benefits:

-Federal Old-Age, Survivors, and Disability Insurance Social Security benefits (SSDI).

-Social Security.

-Veteran’s benefits including but not limited to HUD-VASH, and medical treatment through the Veteran’s Health Administration.

-Government (including federal and state) pension benefits and healthcare.

-Unemployment benefits.

-Worker’s compensation.

-Medicare; or Federal and state disability insurance.

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With information of USCIS