The rule of a 'public burden': how not to lose the right to a green card during a pandemic

In September, appeals courts allowed the Trump administration to reintroduce a “public charge” rule that bars permanent U.S. residence for anyone who uses certain public benefits, such as food stamps or housing assistance, for more than a certain period of time. Individuals considered a “public charge” may be denied even a simple entry visa, writes CNBC.

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But this rule has certain limitations - not all public benefits, immigration or visa statuses are included. And if Covid-19 has required you or a family member to seek certain types of assistance, you may be able to apply for special assistance.

The “public charge” rule

The rule states that entry into the country or permanent residence may be denied to any person who is found unable to support himself. By definition, this means that if you have received financial assistance from the government for more than 12 of the last 36 months, you may be considered a "public charge."

If you receive help from two programs in one month, it will count as two months. For example, if you are getting SNAP food assistance plus Title 8 rental housing, two benefits received in one month will count as two months benefits.

On the subject: The 'public burden' rule: what a green card applicant needs to know

Here is a list of the benefits that can revoke your entry or residence permit:

• Supplemental Guaranteed Income Benefit, commonly known as SSI.
• Any cash assistance provided by the federal or state government.
• Temporary Assistance for Needy Families (TANF).
• Supplemental Nutrition Program (SNAP).
• Section 8 programs that provide housing assistance to low-income families.
• Public housing assistance in accordance with Section 9.
• Medicaid benefits, with some exceptions, such as pregnant women (or up to 60 days postpartum), or benefits for children under 21.

How to explain benefits to the authorities

The “public charge” law does not apply to asylum seekers, refugees, or immigrants on special visas, such as those from Iraq or Afghanistan.

You also cannot be denied residency or entry to receive medical care due to Covid-19 or a free vaccine. And, if Covid affected your income and, as a result, you received benefits, this factor can be considered as part of your application for legal residence in the United States.

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Send a letter to the United States Citizenship and Immigration Services (USCIS) explaining your financial situation and demonstrating that any increase in your use of government benefits is temporary and related solely to the financial impact of Covid.

While the new rule may seem restrictive, it is worth demonstrating that you are able to overcome any temporary financial hardship on the path to becoming a permanent resident.

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