What is Public Charge?
The "public charge" rule allows immigration officials to deny someone admission, a visa, or a green card to the U.S. based on their receipt of government assistance.
Who does public charge apply to?
People applying for family-based green cards, or people with green cards who leave the country for more than 6 months. Applicants with a sponsor are less likely to be affected by the new public charge rule, according to the organization Protecting Immigrant Families.
Public charge does NOT apply to:
- U.S. citizens
- Green card holders who renew their card or apply to become citizens
- Refugees and asylees
- People applying for or who have TPS, a U visa, a T visa, VAWA, or Special Immigrant Juvenile Status
Refer to this full list of exemptions from USCIS.
What are the recent changes to the public charge rule?
Previously, the rule considered only specific public benefits. However, now immigration officials can consider almost any government assistance that is based on low income. That includes Medicaid, food, and housing assistance. This change in the rule will exclude individuals on the basis of economic status who would otherwise have the right to live in the U.S.
Importantly, public benefits eligibility remains the same for U.S. citizens and for everyone who qualifies for them. Thus far, any changes to the public charge rule does not change who can get benefits. It changes how some immigration cases are decided.