What is Public Charge?

Public charge is a part of federal immigration law under which someone can be denied a visa or green card if federal officials determine that the person is likely to rely on government support for their livelihood. Historically the “public charge” inadmissibility test was designed to identify people who may depend on the government as their primary source of support through the use of cash support for income maintenance (SSI, TANF, and state or local cash assistance) and/or longterm government institutionalization.

Public charge mainly impact those seeking permanent resident status through family member petitions. Immigrants should consult with an immigration expert who understands public charge to learn whether the public charge rule even applies to them or their family. Remember, many categories of immigrants are exempt from public charge including: refugees; asylees; survivors of trafficking, domestic violence, or other serious crimes (T or U visa applicants/holders); VAWA self-petitioners; special immigrant juveniles; certain people paroled into the U.S. and certain other “humanitarian” immigrants.

What is the public charge test in place now?

Get Help Making The Right Choice:

• Benefits used by your children or other family members will not count; however, your overall household financial status will be considered.

• Every family’s public charge analysis is different, and the programs that help your family might not even be covered by the government’s proposed changes.

• Many organizations are available to help. An immigration attorney familiar with this issue can give you advice based on your specific situation. Local nonprofits may also be able to provide help and legal advice.
  
  

To find help in your area, visit:

https://www.immigrationadvocates.org/nonprofit/legaldirectory/ (legal assistance)

www.icirr.org/ifrp (assistance in applying for public benefits & more information on public charge)

Public charge and any changes under this rule WILL NOT affect you. If, however, you leave the US for more than 180 days, you could be subject to public charge when you seek to reenter the US.  If you plan to be outside the US that long, you should seek legal help before you go.

U.S. Citizenship, Green card renewal, DACA renewal or TPS, U or T Visa, Asylum or Refugee status, or Special Immigrant Juvenile Status…

Public charge does NOT apply to the categories listed here. If you already have or are in the process of applying for one of these immigration statuses, you can continue to use any government programs that you qualify for. 

You should talk with an expert for advice on your case before making any decisions. To find help in your area, visit:

https://www.immigrationadvocates.org/nonprofit/legaldirectory/

The State Department issued a similar rule for people applying for visas outside the US—including immigrants already in the U.S. who need to finish their process at a U.S. consulate.

You should talk with an expert for advice on your case before making any decisions. For free or low-cost options near you visit:

https://www.immigrationadvocates.org/nonprofit/legaldirectory/