Public Charge Rule Temporarily Rescinded – What Does This Mean?

Many people looking towards a future in the United States are afraid of the public charge. It could affect someone’s plans to get into the U.S. But recently, the public charge rule was rescinded. Why is that? Let’s look into the matter, but first establish what the public charge rule is.

What Is the Public Charge Rule?

The public charge rule is basically a ground of inadmissibility. It’s there to prevent too many people from getting into the U.S. under a visa or green card. A ground of inadmissibility like this is pretty much a reason why you would not be granted a visa or a green card to enter the United States.

When you’re going through the admission process, there will be an immigration officer analyzing your situation. He will look and try to find out if you will have to become dependent on the benefits offered by the government in the future. If you are very likely to need government help at one point, then you become a public charge and you will not be able to go to the States.

To be a little more specific, this will affect people who are unlikely to be able to care for themselves in the future, and would have to rely on financial help from the government.

However, it is important to know that the test doesn’t apply to everyone, so just because you’re applying for a green card, it doesn’t mean the test will necessarily apply to you.

For instance, there are immigrants for which the public charge doesn’t apply. It usually affects people who are seeking permanent resident status through petitions from family members. Other people who are not affected by the public charge rule are those under certain categories. That being said, people who are refugees, asylees, or holding a T visa or a U visa will be exempt from the rule. The same goes for people in the naturalization process – if you’re already in the process of becoming a U.S. citizen, then the public charge rule will not apply.

Back in 2019, the government added new rules to the public charge matter. One of them applied for cases that are decided outside the U.S., at U.S. embassies and consulates in other countries. The other is for cases decided upon in the United States.

Why Was the Public Charge Rule Created?

The public charge rule is nothing new. In fact, it was established a long time ago, back in 1882. The goal is to not allow some people to obtain a U.S. visa. Basically, it was intended to make sure no person who is “likely at any time to become a public charge” gains a visa. At the time, though, they didn’t make it clear what they meant by “public charge”.

In 2019, the Trump administration enforced the rule and in August, the USCIS announced that they are going to restrict poorer immigrants from becoming permanent residents of the country.

The public charge rule was thus created to make sure no government money will go to immigrants who are chasing a better life in the U.S. but are unable to care for themselves and need aid.

That being said, a lot of immigrants were affected by this rule, especially those who received financial aid in the past. If anyone got some public benefits like Temporary Assistance for Needy Families, Supplemental Security Income, Medicaid, or anything of the sort for over 12 months within 36 months, they would be classified as a “public charge”.

This is what determined immigration officials to check the background of the person who applies for permanent residency. They look into someone’s income, family, health, education, and other factors to figure out if the person is likely to become a public charge.

The acting director of USCIS, Kenneth T. Cuccinelli II, declared that the policy can be very beneficial. According to him, it can “have the long-term benefit of protecting taxpayers by ensuring that people who are immigrating to this country don’t become public burdens, that they can stand on their own two feet, as immigrants in years past have done.”

Why Was the Public Charge Rule Rescinded?

The public charge rule was rescinded recently, although earlier this year it has gone into effect. It’s all due to the COVID-19 pandemic and the large spread or the virus. The pandemic is already making it hard enough for some people to make a living, considering many are left without jobs as many places are closing due to the risk of infection.

That being said, a lot of people, including those who would like to become permanent residents, have no choice left but to seek help from the government. It’s not their fault that the pandemic has such an effect on everything.

This is why the judge mentioned in his order that people shouldn’t be punished for asking for temporary financial help. “No person should hesitate to seek medical care, nor should they endure punishment or penalty if they seek temporary financial aid as a result of the pandemic’s impact.”

This is good news for green card applicants or non-citizens of the United States who want to seek governmental help. They know they can now ask for Medicaid, public housing vouchers, food stamps, welfare payments, or anything of the sort for 12 months without even worrying about having their immigration status affected.

What Does This Mean for Immigrants in the U.S.?

This is an amazing thing for all people who would like to apply for permanent residency in the future. USCIS will have to comply with the rule given by the federal judge and thus not perform any wealth test on those seeking financial aid.

However, there was already an alert sent by the USCIS. This stated that any person who is seeking medical treatment or any type of preventative services will not influence the immigration status. Moreover, they encouraged all immigrants to take COVID-19 tests.

If you’re an immigrant and would like to seek financial aid, you don’t have to worry – for a while at least. If you will obtain help due to the pandemic, it will not affect your future. You will not be considered a public charge because you asked for help during hard times when supporting yourself is very difficult.

You can also test yourself for the new coronavirus and receive treatment without worrying that you will be considered a public charge in the future. This also includes a vaccine in case one becomes available in the meantime.

Conclusion

The public charge rule is affecting a lot of people who don’t have the best financial condition and want to obtain permanent residency. Without proper wealth, a job, a good education, or a supportive family, someone wanting to become a resident will have a hard time because he/she can always become a public charge. But now, because COVID-19 is making victims and it’s hard for people to make money or get jobs, one can seek financial aid from the government without becoming a public charge. This is all because the public charge rule was rescinded.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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