A federal judge ordered the Trump administration to stop doing the immigration wealth test during the coronavirus emergency
A federal judge ordered the Trump administration to stop doing the immigration wealth test during the coronavirus emergency
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On Wednesday, July 29, a federal judge in New York ordered the Trump administration to stop enforcing the immigration wealth test that is done to people who are applying for Green Cards and Visas during the coronavirus national emergency.
According to information published by CBS News, the wealth test discourages immigrants from seeking public assistance during the pandemic. However, in February this year, the Public Charge rule went into effect, giving officials more power to deny Green Card applications and Visas from immigrants whom the government believes could rely on public benefits (food, stamps, housing vouchers) at some point because of their low income.
“Judge George Daniels of the US District Court in Manhattan wrote in his order, referring to the government. ‘No person should hesitate to seek medical care, nor should they endure punishment or penalty if they seek temporary financial aid as a result of the pandemic’s impact,” the article said.
Who can be affected by the Public Charge rule?
Public Charge, according to the US Citizen and Immigration Services (USCIS), means that an individual is likely to become primarily dependent on the government for subsistence. To determine whether prospective immigrants are likely to become a “public charge”, caseworkers will consider their wealth, their age, educational skills, as well as English language proficiency and health. The person has to disclose all this information in the Public Charge Questionnaire.
“In April, the attorneys general in New York, Connecticut and Vermont asked the Supreme Court to reconsider its decision to allow the public charge regulation to remain in place, saying the restrictions were hindering nationwide efforts to contain the spreading coronavirus. The high court denied their request but left open the possibility for the states to pursue relief in lower courts”, the CBS News article added.
The USCIS, on their part, said on Wednesday that they are reviewing the court order. “USCIS will fully comply with the court’s order and will be providing additional guidance,” the spokesperson interviewed by CBS News said.
If you are currently wishing to immigrate to the United States and have questions about the Public Charge rule and other related topics, contact an immigration attorney today. Kannan Law is in San Diego, California and if you live here or in the nearby areas, get in touch today for immigration law assistance.