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Covid-19 疫情检测和治疗不影响绿卡申请

更新:《〔R.I.P.〕川普的绿卡公共负担新规被拜登撤销》 。

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Trump 上台后,美国政府扩充了「公共负担」(Public Charge)的定义,包括使用政府的医疗福利 Medicaid,都可能会影响到未来的绿卡申请、以及其他的移民服务。

随着 Covid-19 新冠疫情紧张,在国会议员 Katie Porter (D-CA) 的逼问下,CDC 承诺为所有的美国人提供免费的 Covid-19 检测(CDC 未承诺免费治疗;即便有医保,也可能会有高昂的 out-of-pocket 费用 [参考])。

然而,在美国的外国人,可能担心这是占用美国福利、会影响自己未来的移民申请,从而不敢去做检测。为打消这些人的顾虑,移民局专门在官网对此说明:检测以及治疗 Covid-19,哪怕使用了政府提供的 Medicaid,也不属于公共负担的考虑范围,不影响绿卡申请以及签证延期等其他移民服务。

USCIS 公告如下 [来源]

USCIS encourages all those, including aliens, with symptoms that resemble Coronavirus Disease 2019 (COVID-19) (fever, cough, shortness of breath) to seek necessary medical treatment or preventive services. Such treatment or preventive services will not negatively affect any alien as part of a future Public Charge analysis.

The Inadmissibility on Public Charge Grounds final rule is critical to defending and protecting Americans’ health and its health care resources. The Public Charge rule does not restrict access to testing, screening, or treatment of communicable diseases, including COVID-19. In addition, the rule does not restrict access to vaccines for children or adults to prevent vaccine-preventable diseases. Importantly, for purposes of a public charge inadmissibility determination, USCIS considers the receipt of public benefits as only one consideration among a number of factors and considerations in the totality of the alien’s circumstances over a period of time with no single factor being outcome determinative. To address the possibility that some aliens impacted by COVID-19 may be hesitant to seek necessary medical treatment or preventive services, USCIS will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination, nor as related to the public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status, even if such treatment is provided or paid for by one or more public benefits, as defined in the rule (e.g. federally funded Medicaid).

The rule requires USCIS to consider the receipt of certain cash and non-cash public benefits, including those that may be used to obtain testing or treatment for COVID-19 in a public charge inadmissibility determination, and for purposes of a public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status. The list of public benefits considered for this purpose includes most forms of federally funded Medicaid (for those over 21), but does not include CHIP, or State, local, or tribal public health care services/assistance that are not funded by federal Medicaid. In addition, if an alien subject to the public charge ground of inadmissibility lives and works in a jurisdiction where disease prevention methods such as social distancing or quarantine are in place, or where the alien’s employer, school, or university voluntarily shuts down operations to prevent the spread of COVID-19, the alien may submit a statement with his or her application for adjustment of status to explain how such methods or policies have affected the alien as relevant to the factors USCIS must consider in a public charge inadmissibility determination. For example, if the alien is prevented from working or attending school, and must rely on public benefits for the duration of the COVID-19 outbreak and recovery phase, the alien can provide an explanation and relevant supporting documentation. To the extent relevant and credible, USCIS will take all such evidence into consideration in the totality of the alien’s circumstances.

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Derek Yang

生于湖南,求学于北京,先后在广东、北京、DC 工作。一代移民,生活在美东小镇。

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2 thoughts on “Covid-19 疫情检测和治疗不影响绿卡申请”

    1. Katie Porter 引用的法案说 CDC 有权让政府为「the care and treatment」支付费用,不过 CDC 主任当场承诺的确实只是检测,没有说 treatment 。我已经修改了文中措辞,谢谢!

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