Public Charge
What is Public Charge?
Public Charge is a federal immigration law that applies to certain green card and visa applicants.
Under Department of Homeland Security rules, a "public charge" is someone who is likely to rely mainly on the government for basic living expenses.
Benefits Counted
Only two specific types of benefits are considered when evaluating a public charge:
- Cash Assistance: Government money paid to a person to support basic income.
- Long-Term Care: Government-funded institutionalization in a medical or residential facility.
How Decisions Are Made
Immigration officials look at your overall situation, not only a single detail. They review:
- Age, health, and family status
- Money, property, education, and job skills
- Required Affidavit of Support (a legal form signed by a sponsor who agrees to support you)
FAQs: What You Need to Know Now About Public Charge
A public charge review happens when someone applies for certain green cards.
Subject to Public Charge Review
- Family-based applications
- Employment-based applications (priority workers, professionals with advanced degrees or exceptional ability, skilled workers, professionals, other workers, and investors)
- Special Immigrant categories
- Other specific categories (Diversity Visa immigrants, S visas, certain diplomats, and certain entrants prior to 1982)
Exempt from Public Charge
- Humanitarian-based applications (Refugees, asylees, T and U visa holders, Violence Against Women Act self-petitioners, Special Immigrant Juveniles)
- Country and regional specific applications (Certain Cubans and Haitians, Nicaraguan Adjustment and Central American Relief Act, Haitian Refugee Immigration Fairness Act, Liberian Refugee Immigration Fairness, etc.)
- Military-related categories (Surviving family members, Afghan and Iraqi allies)
- Diplomatic, consular, and tribal categories (Certain foreign officials, certain American Indians)
A public charge review happens when someone applies for certain green cards.
Public charge does NOT apply when someone:
- Already has a green card or renews their green card
- Applies for citizenship
- Applies for other immigration statuses, benefits, or programs from within the United States (e.g., Deferred Action for Childhood Arrivals, Temporary Protected Status, asylum, parole)
Note: If someone already has a green card and leaves the United States for more than 180 consecutive days, they could be subjected to a public charge determination upon reentry by U.S. Customs and Border Protection, not U.S. Citizenship and Immigration Services.
- Public charge only applies in limited situations, to some green card applications, and not to other applications.
- Many immigrants applying for green cards remain exempt by law. Not everyone is affected by this regulation.
- Public charge does not change immigrant eligibility for benefits. This is an immigration rule, not a public benefit rule.
- Using public benefits does not automatically make someone a public charge. The Department of Homeland Security looks at a variety of factors.
The public charge review is forward-looking. Officers assess the future likelihood of becoming a public charge, not just past factors.
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For more information about this, please visit: fcc.gov/sites/default/files/ACP-Fact-Sheet-Post-ACP-Ending.pdf
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