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Public Charge Rule and the COVID-19 Crisis
On July 29, 2020, a federal judge issued a nationwide order stopping the new public charge rule from taking effect. If you have questions about public charge and how it applies to you, contact an immigration attorney or call legal services.
What is the Public Charge Rule?
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“Public Charge Rule” is a test applied by USCIS (immigration) when someone is applying for a green card for the first time or applying for admission to the U.S. to make sure they will not become a burden on the government.
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See flyer: “What is the New Public Charge Rule?” for more information about the rule, who it applies to, and what counts as a public charge.
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Please Note: Many people are not subject to the public charge rule! If you are worried about receiving benefits, please read the “What is the New Public Charge Rule?” flyer to determine whether the rule applies to you or not.
If I use benefits during the COVID-19 crisis, will I be a public charge?
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USCIS will not consider testing, treatment, or preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of the test they use to determine if someone is a public charge, even if such treatment is provided or paid for by one or more public benefits (e.g. federally funded Medicaid).
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USCIS will still consider receipt of other benefits during this period.
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However, if you are subject to the public charge rule and had to rely on public benefits during the COVID-19 outbreak, you can give USCIS an explanation of why you had to use benefits and provide evidence to support your explanation.
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For example, if your work place, school, or university shut down to prevent the spread of COVID-19, you can include a statement with your green card application explaining how this shut down affected your circumstances.
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USCIS will consider many factors when deciding whether you are a public charge, such as your age, skills, education, health, and receipt of benefits.
Will receipt of stimulus funds under the CARES Act count against me for Public Charge?
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No. Receipt of stimulus funds is a tax credit.
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Tax credits are not taken into account when determining if someone is a public charge.
Will receiving unemployment insurance make me a public charge?
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No. Receipt of unemployment insurance alone will not make someone a public charge.
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However, when determining if someone is a public charge, USCIS will look at many factors (being unemployed may be a one factor counted against you in the assessment). USCIS will also consider all other factors, such as age, health, skills, education etc. (See flyer “What is the New Public Charge Rule?” for more information).
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USCIS may also consider why you are unemployed. For example, if your work place, school, or university shut down to prevent the spread of COVID-19, you can include a statement with your green card application explaining how this shut down affected your circumstances.
Does the Connecticut Department of Social Services (DSS) share my information with ICE or immigration officials?
- No. DSS will check to make sure you are eligible for the program, but it does not share the information with ICE or immigration officials
Should I stop or disenroll from benefits now?
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If you are worried about continuing to receive public benefits, you should consult an immigration attorney who can give you advice based on your specific situation.
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You may also call the Greater Hartford Legal Information Line for free if you are a low-income resident of greater Hartford at 860-541-5070, or call Statewide Legal Services at 1-800-453-3320 if you live outside the greater Hartford area.
Note: It is always important to provide accurate information when applying for public benefits.
Get Help From Legal Aid
Age 60+: Get help from legal aid.
Under age 60: Find legal help or apply online.
Not from Connecticut? Find help in another state.
