Public Charge Rule: How It Affects Green Card Applicants

The Public Charge Rule is a provision in US immigration law that allows the government to deny admission to the US or deny an application for lawful permanent residence (a Green Card) to individuals who are deemed “likely at any time to become a public charge.”

The Public Charge Rule is a longstanding provision in U.S. immigration law that allows the government to deny an individual’s application for a visa, admission to the U.S., or adjustment of status (green card) if they are determined to be likely to become primarily dependent on the government for subsistence in the future.

Key Concepts:

• Public Charge:An individual who is primarily dependent on the government for subsistence, as demonstrated by the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.
• Likely at any time:The US government (specifically USCIS or Department of State consular officers) assesses whether, based on the totality of the circumstances, the applicant is more likely than not to become primarily dependent on the government in the future.

Totality of the Circumstances

When making a public charge determination, immigration officials consider various factors, known as the “totality of the circumstances,” which generally include:

 

• Age:The applicant’s age and health status.
• Health:Physical and mental health.
• Family Status:The applicant’s household size and financial responsibilities.
• Assets, Resources, and Financial Status:Income, savings, and ability to be self-sufficient.
• Education and Skills:Job history, education level, and English language proficiency.
• Affidavits of Support (I-864):For most family-based and some employment-based immigrants, a US citizen or permanent resident sponsor must sign an Affidavit of Support, promising to financially support the immigrant if necessary. This is a critical factor.

Public Benefits NOT Considered:

It is crucial to understand that only a narrow range of benefits is considered in the public charge determination. The rule does not penalize immigrants for receiving:

• Medicaid and other non-cash medical assistance (except for long-term institutional care).
• SNAP (food stamps) or other nutrition programs.
• Housing benefits (e.g., public housing, Section 8).
• Immunizations and testing for communicable diseases.
• Emergency disaster relief.
• Tax credits (e.g., Earned Income Tax Credit, Child Tax Credit).
• Benefits received by the applicant’s US citizen children or other family members (unless the applicant is the primary beneficiary).
• Job training, student, or educational assistance.

Public Benefits THAT ARE Considered:

The benefits that weigh negatively in a public charge determination are typically:

• Cash assistance for income maintenance (e.g., Supplemental Security Income – SSI, Temporary Assistance for Needy Families – TANF).
• State, local, or tribal cash benefit programs for income maintenance.
• Long-term institutional care paid for by the government (e.g., in a nursing home or mental health institution).

Schedule a Consultation

Contact the Law Offices of Metin Serbest to learn more about how the Public Charge Rule may affect your green card application and how it is evaluated under current U.S. immigration policy.