Uscis to Exempt Foreign Nationals from Inadmissibility on Public Charge Grounds Resulting from the Coronavirus
March 20, 2020|
By: Angelita Chavez-Halaka; Gladys Gervacio; Jacqueline Valle
USCIS formally announced that the public charge ground of inadmissibility will not apply to foreign nationals who seek testing, screening, or treatment of any communicable disease, including the coronavirus (COVID-19). In addition, USCIS will take into consideration circumstances where a foreign national is prevented from working or attending school due to the coronavirus and must rely on public benefits during the outbreak.
On Feb. 24, 2020, USCIS implemented the Inadmissibility on Public Charge Grounds final rule, which makes a foreign national inadmissible if they are likely to become a public charge at any time in the future (under Section 212(a)(4) of the INA). DHS considers the receipt of certain public benefits as a factor when determining inadmissibility.
What to Expect
- USCIS encourages anyone with symptoms that resemble COVID-19 (fever, cough, shortness of breath) to seek medical treatment or preventive services.
- Obtaining treatment or preventive services, including vaccines, will not negatively affect any foreign national as part of a future public charge analysis, even if such treatment is paid for by one or more of the public benefits listed in the rule.
- If a foreign national lives and works in a jurisdiction where social distancing or quarantine are in place, or if their employer, school, or university voluntarily shuts down operations to prevent the spread of COVID-19, the foreign national can provide an explanation and relevant supporting documentation with their application with USCIS to explain how the coronavirus preventative policies affected them.
- USCIS will consider the totality of the foreign national’s circumstances in its public charge analysis.
For more details on USCIS policies related to the coronavirus, please email us at firstname.lastname@example.org. Please share this alert with others who might benefit.
- Corporate Law
- Family Law
- Class Action
- Corporate Formation And Formalities
- Mergers And Acquisition
- Joint Ventures
- Employment Law
- Real Estate
- Intellectual Property
- Doing Business In India
- Estate Planning
- Premarital, Marital And Cohabitation Agreements
- Divorce And Legal Separation
- Spousal Support / Alimony
- Child Custody, Visitation And Parenting Time
- Child Support
- Government Contract
- Corporate Immigration
- Employment Based Permanent Residence (green Card)
- H-1b Visas For Temporary Workers
- Intracompany Transferee Visa (l-1a/l1b)
- Tn Visas
- Labor Certification And National Interest Waiver
- I-9 Compliance
- O-1 Visa (individuals Of Extraordinary Ability)
- H-2 Visas
- B-1 Visa
- Family-based Immigration
- Permanent Residence
- K Visas
- International Adoption
- Us Citizenship & Naturalization
- Eb-5 Green Card
- Treaty Trader Visa E-1
- Treaty Investor Visa E-2
- Students And Work Authorization
- F-1 Student Visa
- Removal Defense
- Victims Of Crime
- U Visas
- T Visas
- Other Immigration Categories
- Landlord & Tenant
- Personal Injury
- Tax Law
- Overseas Education Consultancy