The ‘Public Charge’ rule

It is well known that one of the main purposes of the current president of the US, Donald Trump, is to decrease immigration in the country and thus be able to:

• Offer more benefits to the local population.
• Protect the economic and health system.
• Safeguard resources for social programs that could be offered to American families who need it the most.
• Protect the jobs and wages of legal citizens.
• Repair inconveniences generated by massive illegal immigration.

Thus, since President Trump took office in 2017, he has focused on implementing measures, policies, restrictions, and requirements that are directly related to the US immigration sector.

For instance, the ‘Public Charge’ rule is one of the policies modified by the current government and the latest official version came into force in February 2020.

The main foundations of the rule

According to the official website of the US Citizenship and Immigration Service (USCIS), this rule states that immigrants will be deprived of entering or residing in the country if they might become an unnecessary public burden on the local economy.

It means that foreigners cannot receive legal residence permits (even for adjustment of status) in the US if they:

• Do not have enough financial resources for their own expenses during their stay in the US.
• Have used public benefits for 12 or more months in a 36 month period.
• Do not meet the minimum requirements for age, education, work, income, health, resources, inter alia.
• Use public benefits offered by the government (such as health programs or food stamps) without giving anything back to the country.

There are multiple exceptions to this rule, for instance:

• Asylum seekers.
• Refugees.
• Victims of human trafficking.

If you need to submit an immigration application, Motion Law can help you.

Judge denies the validity of the ‘Public Charge’ rule during the health crisis

In light of the public health threat caused by the global Coronavirus pandemic, a New York judge ruled in favor of immigrants currently residing in the US.

The judge denied the validity of the ‘Public Charge’ rule during the current juncture for multiple reasons.

Let’s see some of them:

• Immigrants are refraining from using medical services during the massive outbreak of Coronavirus, which puts their lives at risk.
• They could become carriers of the virus and generate another massive outbreak in the US.
• Official figures regarding the number of people with Coronavirus could be incorrect if immigrants decide not to use medical services during the health crisis.
• Risking the lives of thousands of people, only because they fear deportation or the “public charge” rule, violates human rights and the US Constitution.

In fact, Judge Daniels stated: “As a direct result of the rule, immigrants are forced to make an impossible choice between endangering the public health and personal safety or immigration status”.

Therefore, the judge ordered that this rule will not apply to foreigners who use essential social benefits during the health crisis caused by the COVID-19.

Present enough evidence to avoid the ‘Public Charge’ rule

Immigration services are gradually returning to normal. That means that this rule could be fully implemented again very soon.

Therefore, it is imperative that, when submitting your immigration application, you have all the necessary documentation and avoid a possible rejection of your request due to the ‘Public Charge’ rule.

We recommend for you to seek reliable help and find the right process to present your documentation and avoid precarious situations for you and your family.

In addition to that, some immigration processes have changed considerably during the health crisis and it is best to follow the advice of experts who are up to date with current immigration policies.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.