COVID-19 Tests and Treatment Not Considered a Public Charge

The outbreak of the COVID-19 is spreading further and further into the world – and dangerously fast in the United States. Because of this, more and more people find themselves in a position where they do not know how their visa will be affected by all the coronavirus travel bans. In the eventuality that they catch the new disease, they do not know what will become of them – whether they will be a subject of public charge or not.  

What Is COVID-19?

The Coronavirus disease 2019 – or the COVID-19, as it is officially called – is a new virus (more specifically, a coronavirus) that usually causes a condition that doctors refer to as a “respiratory tract infection.” As a result, it may cause damage to the upper respiratory tract (nose, sinuses, and throat), but may also go into the lower respiratory tract (such as your windpipe and your lungs).

Since the COVID-19 is a highly infectious disease, the outbreak managed to quickly spread across the world. It does so in a manner that is similar to the other coronaviruses – mostly from person to person contact, but also through touching infected surfaces. The infections tend to go from asymptomatic and mild to serious and life-threatening.

COVID-19 is one of the seven coronavirus types. Most coronaviruses are actually at the cause of most of our daily colds and are generally not life-threatening to overall healthy people. However, there are other quite severe coronaviruses, such as SARS or MERS that are more severe and can lead to quite a lot of complications.

What Is a “Public Charge”

The standard for the “public charge” was initially codified into the 1882 United States Immigration Law – specifically, in the year when the U.S. first made public the Chinese Exclusion Act. This act prevented Chinese laborers from entering the United States, on the grounds that their presence was a danger for the “good order of specific localities.” In other words, they were seen as a burden for society.

The term “public charge” was also included in the 1952 Immigration and Nationality Act, in which it is mentioned that those who were seen as a public charge would be barred from entering the U.S. or deported.

However, in 1990, the Clinton administration provided some guidance in which it was specified that only cash benefits (e.g. assistance benefits for families in need) would be considered “public charge.”

Declaration of Public Benefits with USCIS Applications

Considering the changes that are currently taking place in public charge, whenever someone is applying for an adjustment of status for their visa, they will also have to list out all the public benefits that they have used. Form I-994, also referred to as the Declaration of Self-Sufficiency, will contain a number of questions and will outline all the public benefits the user received. This will determine whether the applicant is prone to becoming a public charge or not.

This form will have to be completed by anyone seeking a new visa or even an adjustment of status. At the same time, the rule is relatively new, and not everything is still completely certain. Some things may count as public benefits, whereas others may not. Some are fairly gray areas, and only USCIS can determine how the matter will be settled.

Public Charge Determination Regarding Non-Immigrants

Considering that many internationals are currently concerned with the COVID-19 pandemic and how their health insurance and visa will be affected, USCIS has released some guidance on the public charge. These guidelines are all related to the COVID-19 treatments and tests to ensure the safety of the public.

The big alert was issued publicly on the USCIS page on public charge, which every individual on a visa should read carefully. It explains the details in regard to the new public charge. To make things even simple, you may also read a summary of the alert below.

Tests, Treatment or Preventive Care

USCIS has made it clear that they will not consider tests, treatments, or any potential vaccines that are related to the COVID-19 situation as a public benefit – and will, therefore, not be used to determine whether an individual is a public charge or not. This applies to anyone that is currently applying for a visa, but also to those that are applying for an adjustment of status.

USCIS Is Encouraging Non-Citizens to Get Tested

USCIS has made it clear that the new Public Charge Rule does not make any restrictions on accessing resources. This means that everyone can receive screening, testing, or treatment for communicable illnesses such as COVID-19. They also encourage that if anyone has symptoms resembling that of COVID-19 (e.g. fever, cough, cold, severe headaches, shortness of breath, etc.), they should get immediately tested. It will not affect their status or deem them as a public charge.

Shelter-in-Place, Social Distancing, and Other Rules

Some areas that may be placed under quarantine and lockdown may have all the schools and public places closed to prevent the rapid spread of COVID-19. In this case, some people may be left out of work and will have to rely on public benefits until the situation is solved. USCIS is completely aware of this situation, which is why an applicant should write an explanation along with proof attached to the application. Upon reviewing, USCIS will determine whether your case is deemed to be a public charge or not.

Receipt of Public Benefits

The receipt of public benefits is one of the main aspects USCIS uses in determining whether someone should be seen as a public charge or not. That being said, it is only one of the factors and is by no means determinant. Since the benefits received during the COVID-19 pandemic will not be seen as either negative nor positive, the USCIS officers will review the situation as a whole. They will look at the circumstances for the benefits rather than just the receipts.

Best Practices for Receiving Benefits for COVID-19

With everything said and done, what you should do is save all of your letters, receipts, emails, as well as the documents related to the benefits you received during the COVID-19 emergency. These benefits may include anything from testing to treatment or any cash benefits that you received in light of the situation. That being said, you should also learn how to budget these benefits to get through the pandemic.

As for the USCIS rule for public charge, you need to mention exactly which financial benefits you received during the pandemic. The key here is that you need to be as clear as possible, write your explanations properly, and bring all the supportive documents. This way, you will not be affected.

Final Thoughts

Many immigrants are afraid that taking the COVID-19 test or any benefits might endanger their status as residents in the United States. That being said, USCIS assures people that their status will not be affected, as long as they clarify that their situation was caused in light of the pandemic.

If you are experiencing symptoms of COVID-19, you are encouraged to get tested and receive treatment. Bring as much supporting evidence as possible, and if you needed tests or treatment, you will not be considered a public charge.

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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