Examining 'public charge' & how it relates to seeking COVID-19 treatment

What does “public charge” mean?

The U.S. Citizenship and Immigration Services (USCIS) defines “public charge” as an individual who is “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.” An individual considered likely to become a public charge can be denied entry to the United States, is ineligible for U.S. permanent residency or citizenship, and, in rare cases, may be deported.

What is a public charge test, and what criteria does it look at?

A public charge test, a copy of which you can find here, seeks to determine the likelihood an individual will become a public charge through looking at factors including but not limited to:

• Current income;

• Assets and debt;

• Educational level, including English proficiency;

• Age and health; and

• Utilization of certain public benefits after the Inadmissibility on Public Charge Grounds Final Rule went into effect on February 24, 2020.

Holding less than a high school degree, having limited English proficiency, making an income below 125% of the federal poverty level, or having a medical condition that could require extensive care can be counted against you on your path to permanent residency or citizenship.

What benefits count against me in the public charge test?

It can be hard to understand how using a certain public benefit will affect your immigration status because (1) not every public benefit counts towards the public charge test and (2) most immigrants do not have access to the benefits that do count towards the public charge test in the first place.

The benefits that matter for the purpose of a public charge test include supplemental security income (SSI) and Temporary Assistance for Needy Families (TANF); Supplemental Nutrition Assistance Program (SNAP); Housing Choice Voucher Program; Project-Based Rental Assistance (including Moderate Rehabilitation); Subsidized Housing; and (except in a couple of specific scenarios) Medicaid.

This list may seem strange because, as the Immigration Legal Resource Center (ILRC) points out in this article, “Most immigrants who are on the path to a green card don’t have access to these benefits, or if they do, then they are in an immigrant category that is exempt from public charge.” Undocumented immigrants, including DACA holders, are ineligible for most of the benefits listed above in the first place. A qualified alien who is not a permanent resident is eligible for state-funded benefits in only a few states. Consequently, the ILRC writes that the benefits portion of the public charge test has “limited legal impact.”

The USCIS will not look at whether you utilized the following benefits in making a determination for your eligibility for admission:

• Emergency medical assistance;  

• Disaster relief;  

• National school lunch programs;  

• The Special Supplemental Nutrition Program for Women, Infants, and Children ;  

• The Children’s Health Insurance Program;  

• Subsidies for foster care and adoption;  

• Government-subsidized student and mortgage loans; 

• Energy assistance;  

• Food pantries and homeless shelters; and 

• Head Start.    

To learn more about disaster relief you may be eligible for, read our recent blog post, “What kind of COVID-19 related benefits are there?”

Are some immigrants exempt from the public charge test?

Yes - certain groups of immigrants do not have to go through the public charge test to be determined admissible to the U.S. or eligible for permanent residency. These groups include:

• Refugees; 

• Asylees;  

• Certain T and U nonimmigrant visa applicants (human trafficking and certain crime victims, respectively); and 

• Certain self-petitioners under the Violence Against Women Act.  

Seeking COVID-19 testing or treatment will not jeopardize your chances of immigration.

USCIS will not consider testing, receiving treatment, or seeking preventative care related to COVID-19 as part of a public charge inadmissibility determination even if the treatment was paid by one or more public benefits.

Your health and safety come first. Please take care of yourself during these difficult times.

-

This article was co-written by DeYan McCarthy and Lucy Nuttall.

How does your immigration status affect your eligibility for COVID-19 stimulus check and food programs?

By now, you have probably heard about the different emergency relief benefits the government is offering, including the COVID-19 stimulus check and food assistance programs. In this blog post, we will explain how immigration status affects your eligibility for these programs.

Your eligibility for federal benefits often depends on whether you have a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). SSN is given out to individuals with American citizenship, permanent residency, or work authorization that allows them to work in the United States. ITIN, on the other hand, is given to individuals who pay income taxes to the United States government but do not qualify for SSN, including undocumented workers.

Unfortunately, only residents living in the U.S. with a valid SSN can receive the stimulus check.

To be eligible for the stimulus check, you need to have a valid SSN. If you are married and file your taxes jointly, you must both have an SSN to qualify (i.e. if you have an SSN but your spouse has an ITIN, you will not receive the stimulus check). The only exception to this rule is if one or both spouses served in the military within the last year - if this is the case, you can receive the stimulus check even if you both have ITINs.

DACA and TPS applicants are eligible as long as they have work authorization and an SSN. If you are a dreamer, make sure to be on the lookout for the rebate.

If you have not filed your taxes yet for this year, the IRS will look at last year’s taxes. If you did not file last year either, but you receive social security and/or other benefits, you should still qualify for the rebate.

The amount you are eligible for depends on your income level, and will not affect your ability to receive other government benefits.

The maximum payment is $1,200 for an individual, $2,400 for a couple, and $500 for a child. Individuals with an income under $75,000 and married couples with an income under $150,000 qualify for the full amount. If your income exceeds this, the amount you receive is reduced.

The stimulus check is not taxable income, and it will not be counted as income when calculating your eligibility for benefits like TANF, SNAP, and Medicaid.

Need more help? The IRS operates centers that can help you navigate this process.

The VITA program offers free tax help to individuals with an income of less than $56,000, individuals with disabilities, or individuals with limited English proficiency. There are three places in New York City, which you can find here.

While SNAP is only available to documented residents, several food assistance programs do not look at immigration status.

For example, food pantries, child nutrition programs, school meals, and WIC do not have immigration requirements and will not ask to see your identification. You can check out our earlier article about food pantries here to find out where you can locate them.

There are two food assistance programs that people can use during the COVID-19 crisis: Pandemic EBT (P-BET) and Disaster Supplemental Nutrition Assistance Program (D-SNAP). P-EBT, which provides an EBT card, offers nutritional resources to families losing access to free/reduced-price school meals. D-SNAP provides replacement benefits for households that qualify for SNAP and lost food due to a natural disaster like COVID-19. D-SNAP does not have immigration restrictions.

P-EBT is not considered in a public charge test. If you need an explanation of what a public charge test is, please refer to our blog post, “Examining 'Public Charge' & how it relates to seeking COVID-19 treatment."

_

This article was co-written by DeYan McCarthy and Lucy Nuttall.

What kind of COVID-19 related benefits are there?

Due to the COVID-19 pandemic, millions of people are struggling with unemployment right now. Many recently unemployed people qualify for various governmental benefits. In this blog post, we will discuss the benefits that are available and the qualifications necessary.

1. Unfortunately, undocumented workers are not eligible for unemployment insurance.

Workers must have work authorization at the time they are receiving benefits and throughout the time they worked. According to the Department of Labor (DOL), only ‘qualified aliens’ are eligible for federally funded benefits. This group includes:

• Lawful permanent residents

• Refugees

• Asylees

• People granted withholding of removal

• Parolees for more than one year

• Cuban/Haitian immigrants

• Certain survivors of domestic violence

2. People who do not qualify for unemployment insurance may be able to receive Pandemic Unemployment Assistance (PUA) under the CARES Act.

PUA provides up to 39 weeks of unemployment benefits to some individuals who do not qualify for unemployment insurance, including those who have exhausted all their rights to unemployment insurance. The amount of PUA benefits you will receive is based on your previous income reported. PUA benefits may not be more than the state's maximum weekly benefit rate for regular unemployment compensation, which is $504.00 in the state of New York.

PUA’s 39-week period can be counted retroactively to start on January 27th. Workers who do not qualify for unemployment insurance, including self-employed individuals, part-time workers, and workers with insufficient wage history, may qualify. You can also qualify if you experienced difficulties resulting from COVID-19, including but not limited to:

• You have been diagnosed with or are experiencing symptoms of COVID-19 and are seeking a medical diagnosis;

• You are providing care for a family member or a member of your household who has been diagnosed with COVID-19;

• Your child or another person for whom you are the primary caregiver is unable to attend school due to the COVID-19 pandemic, and you are unable to work due to your childcare responsibilities;

• You are unable to reach your place of employment because you have been advised by a health care provider to self-isolate or quarantine because you are positive for or may have had exposure to someone who has or is suspected of having COVID-19;

• You have become the breadwinner/major supporter for a household because the head of your household has died as a direct result of COVID-19;

• Your place of employment is closed as a direct result of the COVID-19 pandemic.

A $600.00/week boost of Pandemic Unemployment Compensation (PUC) will be automatically added to PUA benefits, if applicable, until July 31st.

Pandemic Emergency Unemployment Compensation (PEUC) will be available all through 2020. The last 13 weeks are for workers who exhaust state UI benefits and will maintain the same benefit level as state UI.

Please check the New York Department of Labor website here for a full list of qualifications and guidance on how to apply.

3. There are paid leave options available for people who have to take a leave from work due to COVID-19.

The Families First Coronavirus Response Act provides relief for workers who have to take a leave from work for reasons related to COVID-19. This benefit will be available for the remainder of 2020.

The Act requires qualifying employers to pay employees 100% of what they would have made for 80 hours of work if they are unable to work because (1) they are sick with the coronavirus or (2) they are quarantining themselves in accordance with government guidelines.

The Act also seeks to help workers who have to take a leave to take care of their family members. Workers are eligible for two thirds of what they would have made for 80 hours of work if they are unable to work because (1) they are caring for family members either sick with the coronavirus or quarantining in accordance with governmental guidelines; or (2) they are providing childcare to children whose childcare facility or school closed down due to COVID-19.

Large companies with over 500 employees are excluded. According to the DOL, “Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.”

Employees who have worked for more than 30 days qualify for an additional 10 weeks of paid leave at two thirds of their regular rate for childcare reasons. Please note that this option is unavailable only if the child’s childcare provider or school remains closed.

All employees are covered by the Families First Coronavirus Response Act regardless of immigration status.

This article was written by DeYan McCarthy and Lucy Nuttall.

What kind of government benefits might be available to me?

1. Supplemental Nutrition Assistance Program (SNAP)

Need to apply to supplemental nutrition assistance program (SNAP)? Click here, then go to “I want help” and you will see options for food assistance or financial assistance.

If you are looking for SNAP benefits, click on “food assistance” and click on “ACCESS HRA” to begin the SNAP application.

2. Financial Assistance to help with rent/ utilities

Having trouble with home expenses due to COVID-19? You can apply for emergency cash assistance for rent here.

Check this website to apply for assistance in paying your utility bill. This is the Home Energy Assistance Program (HEAP), which helps low income households pay for utility and heat bills. If you have received any notices for these bills you have the option of applying for emergency financial help. If you currently receive SNAP benefits, cash assistance or SSI, you automatically qualify for this program. 

3. Unemployment Benefits

If you are unemployed due to COVID-19 you can apply for unemployment benefits here. Once you file the unemployment insurance claim, you will find out if you are eligible for unemployment and how much you will receive. In order to collect your benefits, you must file a claim every week after you have been approved.

If you have been personally affected by COVID-19 and have not been able to work because of this, you are entitled to file for Paid Safe and Sick Leave. You can use this to care for yourself or anyone in your family as long as you work for any size business or a nonprofit. Click here for more information and to access the application.