Public charge means an individual who is likely to become primarily dependent on the government for subsistence, by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. It applies to an individual seeking admission to the United States or seeking to adjust status to that of a permanent residence (Green Card). Officers will determine if the individual, “at the time of application for admission or adjustment of status, is likely at any time to become a public charge.” A number of factors must be considered when making a determination that a person is likely to become a public charge.
In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individual’s receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual is likely to become primarily dependent on the government for subsistence as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance. Non-cash benefits that USCIS does not consider are discussed in greater detail below.
Public benefits that are received by one member of a family are also not attributed to other family members for public charge purposes unless the cash benefits amount to the sole support of the family. This public charge test does not consider benefits used by family members. Most immigrants who are applying for lawful permanent residence are not eligible for the benefits listed in the rule. And, benefits used by eligible family members are not counted unless the family members are also applying for permanent residence.
The rule does not consider health, nutrition, and housing benefits that are used before October 15, 2019. Benefits that were previously excluded from the public charge test (such as Medicaid and SNAP) will be considered only if they are received after October 15, 2019. The new rule applies only to people whose application for permanent residence was filed (postmarked or submitted electronically) on or after October 15, 2019. Using benefits now can help you or your family members become healthier, stronger, and more employable in the future.
For benefits adjudicated by USCIS, whether a person is likely to become a public charge is usually considered when someone is trying to become a permanent resident (get a Green Card). It is also considered when someone applies for certain non-immigrant or other temporary benefits, for example by extending non-immigrant status within the United States.
This public charge inadmissibility test does not apply to every immigrant. Exempt immigrants include: refugees; asylees; survivors of trafficking, domestic violence, or other serious crimes (T or U visa applicants/holders); VAWA self-petitioners; special immigrant juveniles; and certain people paroled into the U.S. Benefits received when people are in one of these statuses will not be counted against them. And lawful permanent residents (people with green cards) are not subject to a public charge test when they apply for U.S. citizenship.
