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Federal judges determined that the Public Charge law should continue to apply.

As is generally known, the Court of Appeals for the Second Circuit ordered the Trump Administration a few days ago, to halt for the duration of the pandemic, the application of the “Public Charge Rule”, designed to deny legal residency to immigrants who use public health, financial and social services across the country.

The decision to suspend this rule will take effect in New York, Connecticut, and Vermont; all of this taking into account the serious effects caused by the Coronavirus to the country; also the Court for the Seventh Circuit instructed the Department of Homeland Security to stop applying the law in Illinois; what has happened now, however, is that the Federal Court recently decided in a 2 to 1 vote that the Trump Administration can continue to apply the Public Charge Rule, which as we have said before, would deny Permanent Residence to immigrants who have applied for public, social, financial, health, and welfare assistance, such as food stamps, Medicaid, housing program, among other Social Programs.

The decision on this issue of Public Charge will be applied through the Office of Immigration and Citizenship Services (USCIS), which will implement the punishment of immigrants, clarifying that the judges kept out the 3 states that filed the joint lawsuit, led by Attorney General Leticia James (Vermont, Connecticut, and New York).

We are aware of the difficult situation that we are all going through, especially the immigrant community in the midst of this pandemic, and of these legal provisions that are imposed on them practically every day, but we must be careful with this Public Charge Rule, and this does not mean that if you are in the face of an emergency can not seek help, what I advise to you, is to seek appropriate guidance to avoid affecting  your immigration status.


If you would like more information on this topic, please contact us at our website www.jesusreyeslaw.com or call our office at 888-644-3683 and WhatsApp at 305-586-7770.