Understanding Public Charge Inadmissibility
Date of Information: 05/27/2025
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At Charles International Law, we empower clients to understand and overcome complex immigration barriers. One of the most misunderstood obstacles? The Public Charge Inadmissibility Ground. Let’s break it down.
What is the Public Charge Rule?
The “public charge” ground of inadmissibility is a provision in U.S. immigration law that allows immigration officers to deny a visa or green card to individuals who are deemed likely to become primarily dependent on the government for subsistence.
This ground applies primarily in:
Family-based adjustment of status cases
Consular processing for immigrant visas abroad
Certain nonimmigrant visa extensions and changes of status
How Is Public Charge Determined?
USCIS officers look at a “totality of the circumstances” to assess whether a person is likely to become a public charge. This includes:
Age
Health
Family status
Assets, resources, and financial status
Education and skills
They also consider the use of certain public benefits.
Benefits Considered (as of 2024):
SSI (Supplemental Security Income)
TANF (Temporary Assistance for Needy Families)
Long-term institutionalization at government expense
Benefits Not Considered:
Medicaid (except for long-term institutionalization)
CHIP
WIC
SNAP (food stamps)
Public housing or Section 8
Pandemic-related benefits
Emergency disaster relief
This means many benefits that help working families and children are not counted against an applicant.
Exceptions and Exemptions:
The following classes of immigrants are not subject to public-charge inadmissibility:
Refugees and asylees
Special Immigrant Juveniles (SIJ)
Violence Against Women Act (VAWA) self-petitioners
U and T visa applicants
Certain Afghan and Iraqi nationals
TPS (Temporary Protected Status) applicants
What Law Applies?
The legal foundation is found in Section 212(a)(4) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1182(a)(4)). The statute provides that an alien is inadmissible if, "in the opinion of the Attorney General (now Secretary of Homeland Security), at the time of application for admission or adjustment of status, the alien is likely at any time to become a public charge."
The statute is applied using regulations promulgated by the U.S. Citizenship and Immigration Services (USCIS) at 8 C.F.R. § 212.22. This regulation outlines the totality of the circumstances test, describing:
Factors USCIS must consider: age, health, family status, assets/resources/financial status, education and skills.
Definition of “public benefit” for purposes of inadmissibility.
Lists of benefits excluded from the determination (e.g., Medicaid for under-21s or pregnant women).
Clarifies that receiving public benefits in the past does not automatically make someone a public charge, but can be one factor.
History of Public Charge Inadmissibility
1882 — The Immigration Act of 1882 was the first federal law to introduce the concept of public charge, authorizing the exclusion of “any convict, lunatic, idiot, or any person unable to take care of himself or herself without becoming a public charge.”
1952 — The Immigration and Nationality Act (INA) was enacted on June 27, 1952, and took effect on June 27, 1952, as Public Law 82–414 (66 Stat. 163). This comprehensive law consolidated and codified previous immigration statutes into a unified structure. The public charge ground of inadmissibility was included at the time of enactment in Section 212(a)(15) of the original INA (1952 version).
1999—The Immigration and Naturalization Service (INS) issued field guidance (not a formal regulation) clarifying that “public charge” meant dependency on cash assistance for income maintenance or long-term institutional care at government expense. This guidance excluded benefits like Medicaid, SNAP, and housing assistance. See 64 Fed. Reg. 28689 (May 26, 1999).
2019 — August 14, 2019, DHS under the Trump administration published a formal rule redefining “public charge” more expansively to include a broader array of public benefits (e.g., non-cash benefits like Medicaid, SNAP, housing aid). See 84 Fed. Reg. 41292. The rule was highly controversial and led to extensive litigation.
2022 — September 9, 2022, DHS under the Biden administration rescinded the Trump-era rule and restored a narrower interpretation more aligned with the 1999 guidance. See 87 Fed. Reg. 55472. As of the date of this guide, It remains the current operative regulation, primarily located at 8 C.F.R. § 212.22.
| Year | Event |
|---|---|
| 1882 | Public charge first appears in federal immigration law |
| 1952 | Codified in INA § 212(a)(4) |
| 1999 | INS issues narrow definition via field guidance |
| 2019 | Trump DHS issues formal expansive public charge rule |
| 2022 | Biden DHS reverses and reinstates narrower rule via rulemaking |
Frequently Asked Questions (FAQ)
1. What is the Public Charge Rule?
The Public Charge Rule is a legal standard used by U.S. immigration authorities to decide whether someone applying for a green card or admission to the United States is likely to become primarily dependent on government benefits.
2. Who does the Public Charge Rule apply to?
It applies to most applicants for lawful permanent residence (green cards) and certain applicants for admission to the United States. However, many categories of immigrants are exempt, such as refugees, asylees, certain victims of trafficking or crime, and other humanitarian applicants.
3. What public benefits are considered under the Public Charge Rule?
Currently, the government looks at whether an applicant is likely to depend primarily on cash assistance (such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or state/local cash benefits) or long-term institutionalization at government expense. Non-cash benefits like Medicaid (except for long-term care), food assistance (SNAP), and housing programs are not counted.
4. Does the use of public benefits automatically make someone a public charge?
No. The decision is based on the “totality of circumstances,” meaning immigration officers consider factors such as age, health, income, education, skills, and family situation in addition to past or current use of certain benefits.
5. Who is exempt from the Public Charge Rule?
Refugees, asylees, special immigrant juveniles, survivors of trafficking (T visas), survivors of crime (U visas), survivors of domestic violence (VAWA applicants), and many other humanitarian categories are not subject to the Public Charge Rule.
6. Has the Public Charge Rule changed recently?
Yes. The 2019 expanded rule that counted many non-cash benefits has been permanently blocked. The government reverted to the long-standing, narrower interpretation in 2021, which considers only cash assistance and long-term institutionalization.
7. How can I show that I am not likely to become a public charge?
Applicants typically submit Form I-864, Affidavit of Support, from a sponsor who agrees to financially support them if needed. Strong evidence of income, employment history, education, health insurance, and community ties can also help demonstrate that you are self-sufficient.
8. Should I stop using public benefits if I qualify for them?
Not necessarily. Many benefits are not considered under the current rule. If you are exempt from public charge determinations or receiving benefits that are not counted, you can usually continue without immigration consequences. Always consult an attorney before making decisions that could affect your health or well-being.
9. Where can I get help understanding how the Public Charge Rule affects me?
Because public charge determinations depend on individual circumstances, it is best to consult an experienced immigration attorney. Charles International Law can provide guidance tailored to your case.
Need Help with a Potential Public Charge Issue?
Facing concerns about public charge inadmissibility can be overwhelming—but you don’t have to navigate it alone. At Charles International Law, we help families, sponsors, and applicants prepare strong cases with detailed financial evidence, including Form I-864 Affidavits of Support, joint sponsor strategies, and advocacy tailored to the “totality of the circumstances” test. Whether you’re preparing to file or responding to a request for evidence, we’re here to protect your path forward.
See Also:
CIL Guide to Financial Sponsorship
CIL Guide to Family-Based Immigration
CIL Guide to Stokes Interviews
CIL Guide to Marriage Visas
CIL Guide to Fiance Visas
CIL Guide on Whether You Can Visit Your Fiancé While Your Fiancé's Visa is Pending
