What is public charge?
A public charge is someone who immigration officials believe will depend on the government for money and support. When you apply for a Green Card or visa they will review factors like your age, income, health, education, and family support.
Based on that information, immigration could deny your Green Card application or entrance to the USA. That is called “public charge ground of inadmissibility.”
Your use of certain public benefits will also be considered.
What are public benefits?
Public benefits are help from the government for basic needs like health care, housing, food, or cash. They can be from the federal, state, or local government.
Not all public benefits are considered for public charge.
Protecting Immigrant Families and Keep Your Benefits are helpful websites to find more information on public charge.
What is the new public charge rule?
USCIS announced it would be changing the public charge rules starting on September 18, 2026. The new rule applies when certain individuals apply for a Green Card. The changes include:
- No explicit list of benefits: The new rule removes the clear list of benefits that officers can consider. Officers may review a wider range of benefits, such as healthcare, nutritional assistance, and housing assistance. Benefits are more likely to be considered in a public charge test if they are government-funded benefits that you qualify for based on your income or assets.
- Applications for benefits may be considered: USCIS can consider if you applied for or were approved to receive certain income- or asset-based public benefits, even if you did not receive them.
- Family benefits generally do not count: Benefits received by your children or relatives do not count as benefits you received. However, USCIS may still consider them when reviewing your household finances.
- No set limit on benefit history: There is no limit on how far back officers can look at benefit use. However, benefits used before September 18, 2026, are evaluated under the old rules.
- Sponsor support: An Affidavit of Support is still required for certain applications. USCIS can also consider the sponsor’s finances and whether they appear willing and able to provide support.
It is important to remember:
- Benefit use alone does not lead to denial: Officers must review your full situation, and denials of Green Card applications because of benefit use have been extremely rare. Even when a similar public charge rule was in effect in 2020, USCIS denied a very small number of cases, and all were later reopened.
- Exemptions still apply: Public charge rules do not apply to everyone, including refugees, asylees, and many survivors of crime, trafficking, or domestic violence.
- Public charge rules do not impact your eligibility for benefits.
Green Card applications submitted before September 18, 2026, will be reviewed under the previous rules.
Who does the public charge rule apply to?
The September 18 USCIS rule applies to certain immigrants applying for a Green Card from inside the U.S. through Form I-485.
If you are filing Form I-485, use the correct, current version released on September 18, 2026.
Public charge can also apply to visa applications outside the U.S., but those follow separate State Department rules. See more below.
It is important to seek legal advice from an immigration lawyer or accredited representative if you have any questions or concerns. Many offer free or low-cost help.
Who does the public charge rule NOT apply to?
Some people are exempt when applying for a Green Card through certain categories, including:
- ဒုက္ခသည်များနှင့် နိုင်ငံရေးခိုလှုံသူများ
- U and T visa holders
- VAWA self-petitioners
- Special Immigrant Juveniles
- Iraqi and Afghan Special Immigrant Visa holders
Public charge also does not apply to certain other immigration applications, including:
- နိုင်ငံသားဖြစ်ခွင့်
- DACA applications and renewals
- TPS applications and renewals
- Green Card renewals
Public charge may apply differently if you later apply for a Green Card through another immigration category.
Green Card holders: The public charge rule generally does not apply after you have a Green Card. If you leave the U.S. for more than 180 days, it could be reviewed when you return. Consider legal advice before a long trip.
Does public charge apply to visa applications outside the U.S.?
Yes. Visa applications at U.S. embassies and consulates follow separate State Department rules. Officers consider factors such as your age, health, family situation, finances, education, and skills. They can also consider chronic health conditions, including obesity, and your ability to pay medical costs.
What can I do?
- An “affidavit of support” can help show that you have someone who will help support you and that you will not become a public charge.
- You have a right to show why you will not become a public charge. You can show your assets, your skills, your good health, and your employment record.
- Do not stop benefits you or your family need without first getting legal advice.
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