August 3, 2020

In effect as of July 29^th, 2020, immigrants will no longer have to prove that they are not recipients of any public benefits from the government. This will not only allow low-income immigrants to gain vital access to resources like healthcare and COVID-19 testing, but also reduce the spread of infection by ensuring a larger amount of the national population has access to critical care. However as the suspension is only temporary, we encourage individuals who are eligible to submit I-485 to act as soon as possible before the window is closed.

On October 4^th, 2019, the President issued a controversial “public charge” rule via executive order in which he mandated immigrants to prove that they were not subjects of any government aid, such as Medicaid, SNAP, Social Security income, Pubic Housing, etc. The rule has been heavily contested in court and is now especially critical, considering the coronavirus pandemic. Challengers in court argue the public charge rule adversely affects the national health, because if immigrants are unable to gain access to healthcare in the midst of a pandemic, they are more likely to spread it to the rest of the population.

Although the rule was upheld twice by the Supreme Court previously, it has now been given new consideration due to the severity of the pandemic. New York State Attorney General, Letitia James, commented on the new challenge by saying, “Any policy that deters residents from seeking testing and treatment for COVID-19 increases the risk of infection for such residents and the public. Adverse government action that targets immigrants, however, is particularly dangerous during a pandemic.” Because of new efforts in opposition to the public charge rule in light of COVID-19, a federal judge in New York has barred its implementation nation-wide.

The public charge rule has been an aspect of President Trump’s policy that we at Jing Feng Law Group, PLLC have been reporting on with clear opposition since the beginning of its issuance. We encourage all immigrants to freely assume their pursuit of residency within the United States, and not have any fear of their application being denied due to their acceptance of government benefits. Please contact our office at info@fengvisa.com or (646) 288-7129 today to gain consultation from experienced immigration attorneys in submitting you application to USCIS and becoming a resident of the United States!