Health Care Blog

• outside ofthe United States between April 23, 2020 – June 23, 2020; and
• not inpossession of either a valid immigrant visa or an official travel document,e.g. Advanced Parole; and
• Not one ofthe categories of immigrants who are exempt from the Proclamation.  

Specificcategories of those seeking to enter the US on an immigrant visa are exemptfrom Proclamation. The exempt groupsare:

• PermanentResidents of the US;

• Healthcareworkers and their immediate family members (including those family memberstraveling with the healthcare worker and those family members coming to the USat a later date);

• Otherindividuals coming to the US to perform work essential to combating, recoveringfrom, or alleviating the effects of Covid-19 and their immediate family members(including those family members traveling with the healthcare worker and thosefamily members coming to the US at a later date). 

• Spousesand children of US Citizens;

• EB-5investors;

• Individualswho are entering to assist law enforcement or who are members of the US ArmedForces;

• SpecialImmigrants in the SI or SQ Class and their family members; and

• Any person whose entry isin the national interest of the US as determine by the Secretary of State orSecretary of Homeland Security.

TheProclamation may be extended beyond sixty days if President Trump deems itnecessary to do so.  If you have questionsabout your application and whether you are exempt from the Proclamation, pleasecontact your MU attorney.

• Eligibility:Foreign nationals are eligible for testing, treatment, and any potentialvaccine related to Covid-19. 
• PublicCharge: Being tested, treated, or vaccinated for Covid-19 will not beconsidered in the public charge analysis. The USCIS hasspecifically stated that “testing, treatment, and preventative care(including vaccines, if a vaccine becomes available) related to COVID-19” willnot be considered as part of a public charge determination. 

• Eligibility:Foreign nationals may be eligible for the Cares Act stimulus if the foreignnational has a social security number and is either (a) a permanent resident,a/k/a green card holder, or (b) has spent enough time in the US that theforeign national meets the IRS substantialpresence test. 
• Individualswho have filed a tax return in 2018 and reported an Adjusted Gross Income (AGI)of up to $75,000 ($150,000 if married/filing jointly) may receive one‑time cashpayments of $1,200 ($2,400 if married plus $500 per child).  Those with anAGI over $99,000 ($198,000 for married couples) will not receive a payment.  Some payments may be less for individualswith an income over $75,000 ($150,000 for married couples) but under $99,000for individuals ($198,000 for married couples). 
• PublicCharge: Accepting CARES Act stimulus payments will not be considered in thepublic charge analysis.  Because theCARES Act stimulus payments are considered tax credits,they will not be considered under the public charge analysis.  The public charge rule is clear that taxcredits, including the Earned Income Tax Credit and Child Tax Credit, are nottaken into account for the purpose of the public charge rule.

• Eligibility:Eligibility for unemployment varies from state to state.  You should contact an employment law attorneyin your state to determine if you are eligible for unemployment benefits.
• Public Charge: Applying forand accepting unemployment will not be considered in the public chargeanalysis.  The publiccharge rule explicitly states unemployment benefits are not considered“public benefits” under the public charge inadmissibility determination asunemployment is considered an earned benefits. 

• USCitizens and Lawful Permanent Residents;
• Spousesof US Citizens and Lawful Permanent Residents;
• Parentsor legal guardians of US Citizens of Lawful Permanent Residents, provided thatthe child is unmarried and under the age of 21;
• Siblingsof US Citizens or Lawful Permanent Residents, provided both are unmarried andunder the age of 21;
• Childrenwho are under the legal custody of US Citizens or Lawful Permanent Residents;and
• Other certain foreigngovernment and health officials.

• US Citizensand Lawful Permanent Residents;
• Spouses of USCitizens and Lawful Permanent Residents;
• Parents orlegal guardians of US Citizens of Lawful Permanent Residents, provided that thechild is unmarried and under the age of 21;
• Siblings ofUS Citizens or Lawful Permanent Residents, provided both are unmarried andunder the age of 21;
• Children whoare under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certainforeign government and health officials. 

• USCitizens and Lawful Permanent Residents;
• Spousesof US Citizens and Lawful Permanent Residents;
• Parentsor legal guardians of US Citizens of Lawful Permanent Residents, provided thatthe child is unmarried and under the age of 21;
• Siblingsof US Citizens or Lawful Permanent Residents, provided both are unmarried andunder the age of 21;
• Childrenwho are under the legal custody of US Citizens or Lawful Permanent Residents;and
• Othercertain foreign government and health officials. 

• USCitizens and Lawful Permanent Residents;

• Spousesof US Citizens and Lawful Permanent Residents;

• Parentsor legal guardians of US Citizens of Lawful Permanent Residents, provided thatthe child is unmarried and under the age of 21;

• Siblingsof US Citizens or Lawful Permanent Residents, provided both are unmarried andunder the age of 21;

• Childrenwho are under the legal custody of US Citizens or Lawful Permanent Residents;and

• Othercertain foreign government and health officials. 

On April 11,2020 officials will reassess COVID-19 travel bans.