CA Short-term Disability (SDI) during maternity

[nitsnwits]

My wife is on H4 EAD and is currently working. She is eligible for claiming SDI during maternity, 4 weeks before the due date and 8 weeks after the due date. As far as I understand, the SDI money is money paid by her (deducted from her paycheck, as CA DI every paycheck). Would claiming the Short-term disability for 12 weeks as stated considered a public charge? Would we have any issues filing for GC in the future?

The public charge ruling that went into effect in 2020 is now ruled back, on Mar 2021, so the 1999 public charge rule is in effect. But that rule still states that any kind of income assistance is considered a public charge. It feels like SDI is still income assistance. Should we avoid claiming it to be safe?

Thanks for the advice!

[pontevecchio]

"USCIS stopped applying the Public Charge Final Rule to all pending applications and petitions on March 9, 2021. USCIS removed content related to the vacated 2019 Public Charge Final Rule from the affected USCIS forms and has posted updated versions of affected forms."

This would mean there is no public charge rule.

[JoeF]

Not a public charge.

[nitsnwits]

Thanks, everyone! That's really helpful. 

The vacated public charge rule now makes the 1999 rule in effect, which still states that any kind of income assistance is considered a public charge. Does claiming Short-term disability still safe considering that?

[pontevecchio]

A form of Insurance for which somebody pays premiums and hence not a problem. In the scheme of things, Maternity trumps all other issues. Well Done.