When applying for a visa or green card, many immigrants worry about the public charge rule and how it may impact their case. This policy determines whether an applicant is likely to become dependent on government benefits. Understanding how public charge works and who it applies to is crucial for a successful immigration process.
What Is the Public Charge Rule?
The public charge rule is a policy used by U.S. immigration officials to decide if an applicant might rely on government assistance in the future. If someone is deemed a public charge, their visa or green card application could be denied.
Who Does the Public Charge Rule Affect?
Applies to:
- Individuals applying for a green card through family-based petitions
- Certain nonimmigrant visa applicants seeking an extension or change of status
Does NOT Apply to:
- U.S. citizens (including naturalization applicants)
- Refugees and asylees
- Special categories such as T visa, U visa, and VAWA applicants
Which Benefits Count for Public Charge?
Immigration officials consider certain government benefits when evaluating public charge risk, such as:
- Cash assistance programs (SSI, TANF, General Assistance)
- Long-term institutionalized care paid for by the government
However, not all benefits count against applicants. Programs such as Medicaid (except long-term care), SNAP (food stamps), housing assistance, and pandemic relief programs do NOT make someone a public charge.
How to Avoid Public Charge Issues
- Demonstrate Financial Stability – A strong Affidavit of Support (Form I-864) from a sponsor can help show that you will not need public assistance.
- Provide Proof of Employment or Assets – A stable job, savings, or property ownership can help strengthen your case.
- Seek Legal Guidance – Immigration laws change, and an experienced immigration attorney can help you navigate this process.
The public charge rule can be confusing, but our experienced immigration attorneys are here to help. If you’re applying for a visa or green card, we can review your case and guide you through the process.