Public Charge (Immigrant Rights)

If you are applying for immigration status as a lawful permanent resident (LPR) or to enter the U.S. on a visa, USCIS may review your application to determine if you are “likely at any time to become a public charge.” 

A new final public charge rule went into effect on December 23, 2022. For all applications postmarked before December 23, 2022, the 1999 guidance applies.

Please read below for information about the public charge rule.

What Are Your Rights?

    The Department of Homeland Security (DHS) defines public charge as “an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either:

    • receipt of pubic cash assistance for income maintenance or
    • institutionalization for long-term care at government expense.” 

    The public charge test only applies to immigrants in three categories:

    • Non-citizens applying to be “admitted,” meaning applying for a visa;
    • Non-citizens applying to adjust their status to become Lawful Permanent Resident (green card holder); and
    • Lawful Permanent Residents who leave the U.S. for 180 consecutive days and want to come back.

    The public charge test does not apply to:

    • Lawful Permanent Residents (green card holders) applying to become citizens
    • Refugees
    • Asylees
    • Victims of trafficking and other serious crimes (T Visa, U Visa, VAWA)
    • Special Immigrant Juveniles
    • Certain parolees
    • Some other humanitarian immigrants

    Only two (2) categories of public benefit programs count towards public charge determination:

    • Cash assistance for income maintenance under one of the following programs: Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); or state or local cash assistance programs that provide benefits for income maintenance (often called “General Assistance” programs)
    • Long-term care at government expense such as nursing home or inpatient mental health care

    *Most people who are subject to a public charge determination are not eligible for these benefits before adjustment of status

    Examples of benefits that are not considered include:

What Do You Need to Do?

What to Consider Before Taking Action?