The Public Charge Rule: What Applicants Should Know

When you apply for a green card — whether inside the United States or at a U.S. consulate abroad — an immigration officer reviews whether you are "likely at any time to become a public charge." This is one of many grounds of inadmissibility, meaning it is a reason that can result in a visa or green card being denied.

The legal standard is forward-looking. Officers are not simply asking whether you have ever used a government benefit. Instead, they are making a judgment about your likely future situation. Will you primarily depend on the government for your support, or do you have the health, work history, income, assets, and family resources to support yourself?

It is important to understand that the public charge ground applies in two main contexts:

• Adjustment of status — when you are already in the United States and file Form I-485 to become a lawful permanent resident.
• Immigrant visa applications — when you apply for a green card at a U.S. embassy or consulate abroad through consular processing.

The rules are set by the Immigration and Nationality Act (INA) and have been interpreted and updated over the years by USCIS policy guidance. The current framework traces back to a final rule and subsequent court decisions. Always check USCIS.gov for the latest policy, since this area of law has seen changes.

Importantly, not everyone who applies for a green card is subject to the public charge test. There are specific exemptions, which we cover below.

Not every green card applicant must pass the public charge review. Understanding whether it applies to you is one of the most useful first steps.

Generally subject to the public charge test:

• Most family-based green card applicants (immediate relatives and preference categories)
• Most employment-based green card applicants
• Diversity Visa lottery winners
• Most applicants for immigrant visas at U.S. consulates abroad

Generally exempt from the public charge test:

Certain categories of applicants are specifically exempted by law or regulation. These include:

• Refugees and asylees — people granted refugee status or asylum are not subject to the public charge ground when they apply for a green card.
• Special Immigrant Juveniles (SIJ) — young people in state court custody who qualify under this special category.
• Certain VAWA self-petitioners — survivors of abuse who self-petition under the Violence Against Women Act.
• T and U visa holders — survivors of human trafficking (T visas) and certain crime victims (U visas).
• Cuban Adjustment Act applicants and several other specific humanitarian categories.
• People applying for Temporary Protected Status (TPS) in most situations.

If you are unsure whether the public charge test applies to you, reviewing the USCIS policy manual or speaking with an immigration attorney is the right move. Getting this clarity early can save a lot of worry.

A note for Illinois residents: USCIS processes adjustment of status applications for people living in northern Illinois — including the Chicago metropolitan area — through the USCIS Chicago Field Office, located on West Adams Street in the Loop. If you receive a Request for Evidence (RFE) related to public charge while your case is pending there, you will respond to USCIS directly with the additional documentation requested. Knowing which office is handling your case helps you track processing times accurately on the USCIS website.

One of the biggest sources of confusion around the public charge rule is which government benefits are actually considered. Many families are surprised to learn that a wide range of programs they may have used — or may be currently using — are not counted in the public charge analysis.

Benefits that ARE considered under the current framework:

USCIS currently focuses on a narrow set of public benefits when assessing public charge. These are benefits that provide cash assistance for income maintenance or long-term institutionalization at government expense. Specifically:

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF) cash assistance
• Federal, state, or local cash benefit programs for income maintenance
• Medicaid, but only when used to cover long-term institutionalization (such as nursing home or mental institution care paid by the government)
• General Assistance cash programs

Benefits that are NOT considered in the public charge analysis:

This is a long and important list. The following programs do not factor into the public charge determination:

• Medicaid for most purposes — including regular medical care, prenatal care, and emergency services — except long-term institutionalized care as noted above
• Children's Health Insurance Program (CHIP)
• Marketplace health insurance under the Affordable Care Act, including subsidies
• Supplemental Nutrition Assistance Program (SNAP), commonly known as food stamps
• WIC (Special Supplemental Nutrition Program for Women, Infants, and Children)
• Public housing and housing vouchers (Section 8) — Note: consular processing and adjustment of status have historically differed on this point; check current USCIS guidance for the most up-to-date position
• Head Start and other early childhood education programs
• Public school education for children through grade 12
• Food banks and community programs funded at the local level
• COVID-19 pandemic relief benefits (such as stimulus payments)
• Unemployment insurance
• Workers' compensation
• Social Security retirement or disability benefits (different from SSI)
• Government-subsidized student loans or grants
• Benefits received by a family member who is a U.S. citizen, including a U.S. citizen child

This list underscores why it is so important not to assume that using any government program will harm your immigration case. Many families — including a large number in the Chicago and greater Illinois area — have unnecessarily avoided healthcare, nutrition, and education benefits out of fear. The benefits listed above are designed to support families and are generally not held against an applicant in the public charge analysis.

For the authoritative and current list, always consult the USCIS Policy Manual at uscis.gov.

The public charge determination is not a simple checklist with a pass-or-fail score. Officers are required by law to look at the totality of the circumstances — meaning they weigh all relevant positive and negative factors together to form an overall picture of your situation.

Factors that are always considered:

USCIS regulations and the INA require that every public charge determination consider at minimum:

1. Age — Are you of working age and in good health, or are circumstances like very young age or advanced age relevant?
2. Health — Do you have any medical condition that would affect your ability to work or care for yourself?
3. Family status — How large is your household? How many people do you support?
4. Assets, resources, and financial status — What are your income, savings, property, and other financial resources? Do you meet the income thresholds shown on the Affidavit of Support?
5. Education and skills — What is your level of education, language ability, and work history? Do you have marketable skills?
6. Prospective immigration status — What immigration status are you seeking, and what will you be authorized to do once you have it?

The Affidavit of Support (Form I-864):

For most family-based green card applicants, the sponsor's Affidavit of Support is a critical document. The petitioning sponsor legally promises to maintain the applicant's income above a set federal poverty guideline threshold. A properly completed and qualifying Affidavit of Support is a strong positive factor and, for many applicants, carries significant weight in the analysis.

The required income level is based on the current Federal Poverty Guidelines, which are updated annually. To find the current threshold that applies to your household size, check the U.S. Department of Health and Human Services guidelines referenced on the USCIS website.

Heavily weighted positive factors:

• Income or assets at or above 250% of the Federal Poverty Guidelines
• Private health insurance that is not being paid for by a public program (other than Medicare Part A, which is earned through work)
• Employment authorization and a current job
• Strong work history and marketable skills

Heavily weighted negative factors:

• Receipt of one of the designated public benefits (listed in the previous section) for a defined period of time
• A medical condition that significantly limits the ability to work combined with no private health insurance and no other financial resources
• Prior public charge findings

No single factor is automatically disqualifying. An officer who finds a negative factor must also weigh all the positive factors in your case. Someone who received cash assistance during a brief period of unemployment, for example, may still be found not to be a public charge if they have since found stable employment, have family financial support, and otherwise present a strong case.

What this means practically: The totality-of-circumstances standard means that context matters enormously. A low income at the time of filing is not a guaranteed denial — especially if the Affidavit of Support is strong, the applicant has good prospects, or there are other supporting resources.

You may have heard of Form I-944, the Declaration of Self-Sufficiency. This form was introduced under a 2019 public charge rule that significantly expanded the documentation applicants had to submit, including detailed financial disclosures and credit history. That rule was litigated extensively and was ultimately vacated by the courts.

As of the current USCIS framework, Form I-944 is no longer required. USCIS returned to a prior policy framework and no longer requires applicants to submit that form with their adjustment of status package.

However, the public charge ground of inadmissibility itself still exists — it is written into the INA and cannot be eliminated by policy alone. Officers still conduct the totality-of-circumstances analysis described above.

Because this is an area that has seen significant policy changes and litigation, the best practice is always to:

• Check USCIS.gov for the most current instructions on Form I-485 before you file.
• Review the USCIS Policy Manual for the current public charge guidance.
• Work with a qualified immigration attorney who is current on this area of law, especially if your situation is complex.

For applicants going through consular processing — for example, an Illinois resident who has a family member applying for an immigrant visa at a U.S. consulate abroad — the consular officer uses the DOS Foreign Affairs Manual and applies a similar totality-of-circumstances test. The U.S. Department of State provides public charge guidance on travel.state.gov. There may be some differences in how the standard is applied between USCIS and consular officers, so understanding both processes is important.

If you are preparing a green card application and want to address the public charge factor proactively, there are practical steps you can take to put your case in the best light — without abandoning benefits your family legitimately needs.

1. Understand which benefits are not counted. As discussed, Medicaid (except for long-term care), SNAP, CHIP, and many other programs are not counted. There is no reason to avoid these programs simply out of fear of the public charge rule. In fact, staying healthy and ensuring your children are fed and educated serves your family — and none of those benefits will be held against you.

2. Get your Affidavit of Support right. For family-based petitions, work closely with your petitioning sponsor to make sure Form I-864 is completed accurately and that the sponsor meets the required income threshold. If the sponsor's income alone does not meet the threshold, there are options — including joint sponsors (additional people who also agree to support you) or adding assets to the calculation.

3. Document your financial resources. Gather bank statements, pay stubs, tax returns, evidence of employment, and documentation of any assets such as a home or retirement accounts. These paint a complete financial picture that strengthens your case.

4. Address any health concerns transparently. If you have a medical condition, the officer will consider whether you have health insurance or other resources to cover costs. Private health insurance can be a significant positive factor here.

5. If you receive a Request for Evidence (RFE), respond thoroughly. If USCIS — for example, the Chicago Field Office or a national service center — sends you an RFE on public charge grounds, treat it seriously. Read it carefully, gather everything they ask for, and respond within the deadline. Missing the deadline or submitting an incomplete response can result in denial.

6. Stay current on policy changes. Public charge policy has changed multiple times in recent years and may continue to evolve. Bookmark uscis.gov and check it regularly, especially if there is a change in administration or if you hear news about immigration policy updates.

7. Consider professional legal help for complex situations. If you have a complicated financial history, medical conditions, a prior public benefit receipt that you are unsure about, or other concerns, an immigration attorney can review your specific situation, identify potential issues early, and help you build the strongest possible record.

The public charge rule, while it can sound intimidating, is navigable — especially for families who understand what it actually measures and prepare thoughtfully.