Inadmissibility on public charge grounds
What is the public charge rule?
“Public charge” is a ground of inadmissibility used to decide whether a person is likely to depend on certain government support in the future. However, the rule does not apply to every case or every benefit. Our firm explains how the rule affects your application and what evidence helps most.
When does it apply?
Adjustment of status inside the U.S.
Consular processing for some immigrant visas
Not to many humanitarian categories (for example, refugees, asylees, certain VAWA applicants, and other protected groups)
Therefore, your situation matters more than headlines. We review which rules apply to you now, not in the past.
Benefits generally not considered as public charge
Policies change over time; however, many non-cash benefits (for example, emergency medical care, disaster relief, or certain nutrition and housing programs) are not counted as proof you are a “public charge.” We confirm current policy at your consultation.
What officers actually look at
USCIS and consular officers review the totality of circumstances:
Age, health, education, and skills
Income, assets, and resources
Form I-864 Affidavit of Support from a qualifying sponsor, when required
Job offers or work history
Private health insurance or other coverage
In addition, strong documentation can offset single weak points.
Affidavit of Support (I-864)
Most family-based applicants need a sponsor who meets income requirements. Moreover, a joint sponsor can sometimes help when the primary sponsor falls short. We prepare the forms and evidence packets step by step.
Learn more: Family petitions · Adjustment of status · Contact us
Evidence checklist (sample)
Recent federal tax returns and W-2s
Pay stubs and employment letters
Bank statements and proof of assets
Proof of health coverage (if available)
Education, licenses, or skills training
As a result, your application presents a clear, positive financial picture.
Common myths
“Any benefit use causes denial.” Not true. Context matters, and many benefits do not count.
“Public charge applies to citizenship.” Incorrect. Naturalization is different.
“Rules from years ago still control my case.” Policies change. Therefore, we check the rule in effect today.
FAQs
Does public charge apply to every visa?
No. For example, many humanitarian categories are exempt.
Can a joint sponsor fix income gaps?
Often, yes. However, we still document your own history and skills.
Should I stop medical treatment or other help?
No—your health and safety come first. Instead, ask us which items are counted and how to explain them properly.
How we help
First, we confirm whether the rule applies to your case. Next, we prepare the Affidavit of Support and evidence. Then, we organize a clear packet for the interview. Finally, we track updates and respond to any requests for evidence.
Ready to talk? Schedule a consultation or call (562) 495-0554.
What the 2019 Public Charge rule was
In 2019, DHS adopted a stricter public charge test for certain adjustment of status applicants. It expanded the factors officers could weigh (age, health, income, education, English, affidavit of support) and counted some cash and non-cash benefits (e.g., certain Medicaid/SNAP/housing) within a look-back period. The rule did not apply to refugees, asylees, VAWA, U/T, SIJ, and a number of other categories. It also didn’t apply to naturalization. Courts paused and reinstated the rule multiple times, creating confusion until later changes.
Why this post is historical & what to do now
Public-charge policy has changed since 2019. If you are filing now, rely on the current DHS/USCIS guidance and forms—not 2019 materials. We can review whether public charge applies to your category, how to present financial evidence, and how to avoid common errors with the affidavit of support and household income.
Practical considerations today
- Gather tax returns/W-2s, pay stubs, job letters, and proof of assets.
- Confirm exemptions (refugee/asylee/VAWA/U/T/SIJ, etc.).
- Verify you’re using the current edition of forms and instructions.
- If you previously received public benefits, discuss what counts and what evidence to provide for context and self-sufficiency.
FAQs:
Does public charge apply to every immigrant?
No. Many humanitarian categories are exempt, and naturalization is unaffected.
Will receiving any public benefit harm my case?
It depends on program type, timing, and category. Some benefits never counted; others were weighed only under specific rules. Get advice based on the current policy.
What evidence improves a public-charge analysis?
Steady employment, sufficient household income/assets, a complete I-864 from a qualifying sponsor, education/skills, and health-insurance documentation can help.
What if my sponsor’s income is low?
A joint sponsor or household member’s income/assets may help if guidelines are met.
DHS Secretary Mayorkas officially announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources. President Biden’s Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans called for an immediate review of agency actions on public charge inadmissibility and deportability. DHS’s review, in consultation with the DOJ, State Dept., and the federal benefits-granting agencies, is ongoing. The DOJ is no longer pursing appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 public charge rule.
