Public Charge Returns to 1999 Requirements!

On March 9, 2021, the Biden administration dropped its defense of the previous administration’s public charge rule. 

These changes make it safe for immigrants and their children to use healthcare programs, including Medicaid and COVID care, nutrition, and housing programs for which they qualify.

Public charge rules never apply to humanitarian immigrants such as refugees; asylees; survivors of domestic violence, trafficking, and other serious crimes; special immigrant juveniles; and certain individuals paroled into the U.S.

Remember: the public charge test only applies to some programs and some immigrants.

• It never applies to U.S. citizens, including the children of immigrants born in the United States.
• It also does not apply to most people with a green card, or asylees, refugees, people with U visas, T visas, VAWA, and many others.
• A family member’s use of public programs cannot affect your future immigration applications.

Covid-19 & Health Access 

• Testing, treatment, and preventative services for COVID-19 — including vaccines — are not part of public charge. Pandemic relief payments (stimulus checks) are also not part of public charge.
• The use of health, nutrition, and housing programs cannot be considered in the public charge test.

It’s safe and smart to see the doctor if you need care, or if you’re worried that you or your children may be sick.

• Your doctor is required to honor your right to privacy.
• You do not need to share any information about your immigration status unless you apply for Medicaid or other health coverage for yourself.
• You can still see a doctor without medical insurance. 
• This includes care you receive in the emergency room, at community and migrant health centers, free clinics, and public hospitals. 

Remember, every case is different. Please speak with an immigration attorney if you have questions about your own case. 

Posted on March 11, 2021.