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Note: This article only provides general legal information and is not legal advice. You and your sponsor should talk to an attorney about your specific case to better understand how public charge could affect you. 

 

“Public charge” is a term that you may hear in relation to your immigration case. In this article, we explain: 

  • 💡 What is public charge? 
  • 🤷‍♂️ How does it affect me? 
  • 📃 What is the current state of the public charge rule? 

 

💡 What is Public Charge? 

If someone is declared as a “public charge,” it means that they are dependent on certain government benefits. In other words, they need a lot of help from the government to take care of themselves. 

However, not all public benefits are considered as part of public charge. Public charge depends on whether a person: 

  • receives/will need to receive cash help from the government (money). 
  • needs/will need long-term health care (for example, a nursing home or a mental health institution) that the government pays for. 

 

🤷‍♂️ How Does Public Charge Affect Me? 

Public charge can affect some visa/green card applications. Public charge is a ground for inadmissibility, which is a reason someone could be not allowed into the United States, or a reason someone could be denied a visa or green card. This means that, in some visa/green card applications, the immigration officer could deny the application because the applicant is a public charge, or because there is reason to believe that the applicant will be a public charge in the future. This is often called the Public Charge Rule. 

 

However, not all applications are affected by public charge:  

🚨 Public charge CAN affect: 

  • People who apply for a visa from outside of the U.S.
  • Green card applicants who are applying through a family member that has U.S. citizenship or legal permanent residence (a green card).  

🚨 Public charge does NOT affect: 

  • Applications for refugee status or asylum, or green card applications based on being a refugee/Asylee.
    • Note: for more information about asylum applications, check out our article, ‘What is Asylum?’
  • Applications for a U Visa or T Visa, or green card applications based on having a U Visa/T Visa.
  • Applications for Special Immigrant Juvenile Status (SIJS), or green card applications based on having SIJS status. 
  • Applications for VAWA (victims of domestic violence), or green card applications based on VAWA. 
  • Applications for citizenship. 
  • Applications to renew a green card.  

If you are unsure if the public charge rule may affect your application for legal status or not, you can use the “public charge test guide” to get more information.  

Note: It’s really important to talk to an attorney about your specific case, and to understand if public charge can affect your application or not.  

 

📃 What is the Current State of the Public Charge Rule? 

The public charge rule has changed a lot over the past few years, which is part of what makes it so complicated.  

⭐ "Public charge” is a concept that has been part of the immigration process in the United States for a long time (more than 100 years!). For a long time, the idea of public charge was loosely defined as someone who can’t take care of themself without the help of the government, or who is likely to need government help to take care of themselves in the future.  

⭐ In 1999, the U.S. government created a new, more specific definition of public charge. They added that a public charge was someone who needed government help in the form of cash assistance or long-term care. An evaluation, sometimes called “the public charge test,” was added to the immigration process to help officials make decisions on immigration applications.  

⭐ In 2019, the Trump administration made the public charge rule stricter. For the Trump-era public charge evaluation, the immigration officer looked at an applicant’s age, health, income, and other factors to determine if the applicant relies (or is likely in the future to rely) on the government as their main source of support.  

⭐ In 2021, the Biden administration withdrew the 2019 Trump rule. It is no longer in effect. 

⭐ In 2022, the Biden administration created a new public charge rule, which is still in effect today. It is very similar to the original 1999 definition of public charge.  

 

Important things to keep in mind under the current Biden public charge rule: 

  • Some applications for legal status in the U.S. involve a public charge test, but not all of them. An attorney can help you understand if public charge can affect your application or not. 
  • If you are subject to a public charge test as part of your application, the immigration officer will look at many different factors, including your age, health, education, income, and participation in certain public benefits programs. They will also look at if you have financial support from a sponsor. 
  • Not all public benefits are considered as part of the public charge test. It’s important to talk to an attorney to understand which public benefits are safe for you to use, and which public benefits could have an effect on your application.  

 

For information on finding a lawyer, check out our article, “4 Important Topics to Keep in Mind When Looking for an Attorney.” 

Plus, check out our other resources on life in the U.S., like “Mental Health: Why It’s Important and Where to Find Help.” 

For more information or for help finding an attorney, contact us! 

 

Sources: 

ILRC. (April, 2021). The Trump Public Charge Rule is No Longer in Effect! https://www.ilrc.org/sites/default/files/resources/public_charge_trump_rule_may_2021.pdf 

USCIS. (December, 2022) Public Charge. https://www.uscis.gov/public-charge#:~:text=Charge%20Resources%20page.-,The%202019%20Public%20Charge%20Final%20Rule%20is%20no%20longer%20in,ensure%20impacted%20individuals%20are%20aware. 

Protecting Immigrant Families. (May, 2021) Public Charge Update: What Advocates Need to Know. https://www.nilc.org/wp-content/uploads/2020/03/Public-Charge-What-Advocates-Need-to-Know-Now.pdf 

Camilo Montoya-Galvez. (March, 2021). Biden Administration Stops Enforcing Trump-Era “Public Charge” Green Card Restrictions Following Court Order. CBS News. https://www.cbsnews.com/news/immigration-public-charge-rule-enforcement-stopped-by-biden-administration/ 

University of the District of Columbia. (February, 2022). Asylum and Public Charge. https://law.udc.edu/wp-content/uploads/2022/03/FINAL-ASYLUM-AND-PUBLIC-CHARGE.pdf 

Keep Your Benefits. (2024). Public Charge Explained. https://keepyourbenefits.org/en/na/public-charge 

Jonathan Petts. (May, 2022). What is the Public Charge Rule. ImmigrationHelp.org. https://www.immigrationhelp.org/learning-center/what-is-the-public-charge-rule 

Boundless. (December, 2022). What is the Public Charge Rule? https://www.boundless.com/blog/public-charge-rule-explained/