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Unemployment Benefits Are Exempt from Public Charge Ground of Inadmissibility As the COVID-19 pandemic evolves in the United States, many employers are making the difficult decision to lay off workers. Workers, in turn, have the option to apply for unemployment benefits to support themselves through these uncertain and difficult times. Noncitizens may be concerned about applying for and receiving unemployment benefits and potentially subjecting themselves to the “public charge” ground of inadmissibility in light of the Department of Homeland Security’s (DHS)
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USCIS Announces Major Changes to Public Charge Ground of Inadmissibility Yesterday, the U.S. Department of Homeland Security (DHS)’s U.S. Citizenship and Immigration Services (USCIS) announced a final rule that will transform how USCIS interprets and implements the “public charge” ground of inadmissibility under Section 212(a)(4) Immigration and Nationality Act (INA). This new rule is a major change from prior policy and affects all people applying to receive lawful permanent residency through the adjustment of status process in the United States, including

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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.