A public charge is a person who the U.S. government believes is likely to rely primarily on certain government benefits for support. This concept can be used to deny entry into the U.S. or deny a green card (lawful permanent resident status).

When Does the Public Charge Rule Apply?

It typically applies when someone is:

  • Applying for a green card from within the U.S. (Adjustment of Status)
  • Applying for a visa or green card from abroad

It does not apply to:

  • Asylum or refugee applicants
  • Certain special categories like U visa, T visa, or VAWA applicants
  • Most lawful permanent residents renewing a green card

What Benefits Are Considered?

Currently, the public charge rule considers:

  • Cash assistance (such as SSI or TANF)
  • Long-term institutional care at government expense

It does not consider benefits like Medicaid (except in certain circumstances), SNAP (food stamps), public housing, or WIC.

What Does USCIS Evaluate?

USCIS looks at factors such as:

  • Age
  • Health
  • Family status
  • Financial resources
  • Education and skills
  • Whether you have an affidavit of support (Form I-864)

This page is for informational purposes only and does not offer legal advice.

— views

Updated: