On July 29, the New York District Court blocked the public charge rule until the end of the public health emergency due to the coronavirus pandemic.

Now, the Second Circuit gave a new endorsement to the Department of Homeland Security (DHS), where it approves to apply the “public charge” to immigrants that apply for permanent legal residence “green card”, except in New York, Vermont, and Connecticut.

Through the Office of Citizenship and Immigration Services (USCIS), the punishment for immigrants can be implemented, but the judges kept out the three states that filed a joint lawsuit, led by Attorney Leticia James.

In addition, they excluded medical aid related to COVID-19 from public charges. That is, immigrants who, for health reasons due to the coronavirus pandemic, need to ask for help from the government to treat themselves, will be able to do so without the risk of being considered a public charge in the future when they request the green card or any other immigration benefit.

DHS is expected to issue guidance regarding the filing of immigration applications affected by the new court order deemed limited, that is, how it will be applied.

Certain points to consider regarding the evaluation of the ‘’public charge ’’

  • People who received public (social) aid for 12 months in a period of 3 years. These aids are Medicaid, food stamps, or housing support.
  • If the immigrant is a minor or is more than 62 years old.
  • Immigrants with chronic illnesses, such as heart problems, could face problems, especially if the health insurance they receive is subsidized.
  • Officers will evaluate the education level, as well as their English, to consider them, positive or negative factors.
  • Immigrants’ assets will be evaluated, as well as money saved and family income.
  • Those people who have not had a job in the last two years could face problems.

If you need help with any of these points or have any questions, please Contact Us!

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