Inadmissibility on public charge Rule
Public Charge Rule
This guide explains how officers apply the **immigration public charge** test during adjustment and consular processing. In practice, **public charge rule immigration** reviews look at the total picture—income, assets, insurance, and skills.
Public charge: what it means for green card applicants (and what does not count)
“Public charge” is an inadmissibility test used mainly for family-based and some employment-based immigrant visa or adjustment cases. The officer evaluates whether you are likely to become primarily dependent on the government for subsistence. However, today’s policy focuses on a totality-of-the-circumstances review (age, health, family status, assets/resources, education/skills) and does not penalize most non-cash benefits used by you or your household.
Public charge rules: benefits that do not count
Benefits that generally do not count against you
Emergency medical assistance and non-cash Medicaid (with limited exceptions)
CHIP, WIC, school meals, pandemic relief, and most public health programs
Housing vouchers/section 8, public housing, and energy assistance
Unemployment benefits and tax credits (EITC/CTC)
Benefits received by U.S. citizen children or other household members, when not your own direct cash assistance
Therefore, using these programs typically won’t trigger a public-charge problem.
Programs that may be relevant
Cash assistance for income maintenance (e.g., SSI, TANF, state general assistance)
- Under current **public charge rules**, non-cash programs like WIC, school meals, and most Medicaid generally do not count.
Long-term institutionalization at government expense (e.g., nursing-home care)
Officers still look at the total picture—income, assets, support, affidavit quality, and insurance.
Who is not subject to the public-charge test
Refugees, asylees, and many humanitarian categories (e.g., VAWA, certain SIJs, T/U visas adjusting, etc.)
Many nonimmigrant extensions/changes of status (different rules apply)
If you fall into an exempt category, we document the exemption clearly.
Form I-864 Affidavit of Support (I-864W)
Most family cases require a qualifying sponsor who meets income (generally 125% of the Federal Poverty Guidelines—100% for active-duty military sponsoring a spouse/child).
Use current guidelines for household size.
Add a joint sponsor or household member with I-864A if needed.
Show tax transcripts, W-2/1099s, and employment letters.
As a result, the officer sees reliable financial backing.
Evidence that strengthens the totality-of-the-circumstances
Current income & employment (pay stubs, job letters)
Assets (bank balances, home equity, investments)
Private health insurance or coverage options
Education/skills (degrees, licenses, job offers)
Household budget showing sustainability without cash assistance
If you used public benefits before
Make a brief benefit timeline (type, dates, who received it, purpose).
Explain eligibility category (e.g., pregnancy, child-only, emergency).
Provide proof of discontinuation if applicable and show current self-sufficiency.
Consular vs. adjustment practice
Adjustment (USCIS): applies the current public-charge policy and I-864 review.
Consular processing (DOS): similar totality review; officers may ask for updated financials or joint sponsors at interview.
FAQs
Does using Medicaid for my U.S. citizen child hurt my case?
No—benefits received by your child generally do not count against you.
Do food stamps or WIC make me a public charge?
No—SNAP, WIC, and school meals are non-cash nutrition programs and typically don’t count.
What if my income is just under the guideline?
Add a joint sponsor, show assets, or document a new job offer and pay history.
Is the 2019 “wealth test” still in effect?
No—USCIS reverted to a more traditional totality test. We apply the current rules at filing.
How we help
First, we screen for public-charge exemptions. Next, we structure I-864 and backup evidence (income, assets, insurance). Then, we prepare a clean benefit timeline and proactive explanation if needed. Finally, we coach for interview questions and update financials for consular cases.
Worried about public charge on your green card case? Schedule a consultation or call (562) 495-0554.
Disclaimer: General information, not legal advice. Policies, forms, and poverty-guideline figures change; we confirm the rules in effect when we file.
Immigration public charge: who is exempt
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.
Public charge rule immigration FAQs
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.
Public charge rule: what does not count
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.
