In 2019, Department of Homeland Security 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.
— What it did, what happened to it, and what applicants must know now
The Trump-era public-charge final rule (issued August 2019) expanded the definition of “public charge,” added new factors and evidentiary requirements, and widened the range of benefits adjudicators could consider when deciding inadmissibility. The 2019 rule’s broad approach produced substantial litigation and reports of chilling effects among immigrant families and beneficiaries of public-benefit programs.
Because of those legal challenges and changing administration policy, the Biden Administration chose not to defend the 2019 rule in court and reverted to the longstanding 1999 Field Guidance in March 2021; DHS later published a new final rule (the “2022 rule”) that more closely tracks the 1999 guidance and went into effect December 23, 2022.
Key points
- The 2019 rule broadened public-charge definitions and documentation burdens.
- The 2019 rule was litigated and effectively displaced by the 2022 Biden rule; DHS has since proposed further changes via an NPRM in November 2025.
- Which rule applies depends on the filing date; check the applicable cutoffs before advising a client.
Practical steps
- Confirm which public-charge rule applies to the client’s filing date and prepare evidence accordingly.
- Collect sponsor affidavits, tax records, employment evidence, and medical documentation as relevant.
- Advise clients on benefits that are not counted and on the risks of chilling.
- Monitor DHS/USCIS and the Federal Register for any final rule changes after the November 2025 NPRM.
We can prepare a paste-ready Public-Charge Timeline, a client-facing FAQ, or a detailed Evidence Checklist tailored to the rule that applies to your client.