1. What is the public charge rule?

The public charge rule is a rule implemented by the Department of Homeland Security that affects noncitizens seeking to enter the United States, as well as those already here who are trying to adjust their immigration status. The rule allows the government to deny visas or legal permanent residency status to people who are deemed likely to become a “public charge”—that is, someone who is primarily dependent on the government for subsistence. The rule also makes it more difficult for noncitizens to receive benefits such as Medicaid, Supplemental Nutrition Assistance Program (SNAP), or housing assistance.

2. How does the public charge rule affect immigrants?

The public charge rule affects immigrants by making it more difficult for immigrants to obtain a green card in the United States if they are likely to become a public charge, or rely on government benefits to meet their basic needs. Immigrants must now demonstrate that they have the financial means to support themselves and their family in order to be eligible for a green card. Immigrants who are deemed likely to become a public charge may be denied admission or denied a change in status in the US.

3. How does the public charge rule define a “public charge”?

A “public charge” is someone who is determined by the U.S. government to be “primarily dependent” on public benefits. This means a person who receives one or more of a list of specific public benefits for more than 12 months in the aggregate within any 36-month period (such as cash assistance for income maintenance, Supplemental Security Income, Temporary Assistance for Needy Families, or Medicaid) is likely to be considered a public charge.

4. How has the public charge rule changed since 2019?

The public charge rule changed significantly in 2019. The new rule expands the list of public benefits that can be used to determine whether an individual is likely to become a “public charge,” or dependent on the government for subsistence. Under the new rule, cash benefits, health insurance through Medicaid, food assistance, and public housing assistance are all factors that can be considered when determining if applicants are likely to become a public charge. Additionally, the new rule also requires applicants to provide financial information to demonstrate their ability to support themselves financially.

5. What types of benefits are considered in the public charge determination?

In the public charge determination, the types of benefits considered are cash assistance for income maintenance, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), state or local cash assistance programs that provide benefits for income maintenance (often called “general assistance” in the state context), certain long-term institutional care, and most forms of Medicaid.

6. Who is affected by the public charge rule?

The public charge rule affects any non-citizen applying for a green card, or to enter or stay in the United States, who is likely to receive public assistance, such as certain government health care benefits, cash assistance, and/or food stamps. It also affects non-citizens who are already in the United States and who are seeking to extend their period of authorized stay or change their immigration status.

7. Does the public charge rule apply to all immigrants?

No, the public charge rule does not apply to all immigrants. The public charge rule only applies to certain immigrants who are applying for a green card or various other forms of legal permanent residency.

8. What types of evidence will USCIS consider when determining whether a person is likely to become a public charge?

When making a determination of whether a person is likely to become a public charge, USCIS will consider information such as the individual’s age, health, family status, assets, resources, financial status, education, and skills. USCIS will also consider any affidavits of support provided by a sponsor.

9. What are the potential consequences of a public charge determination for an immigrant?

The potential consequences of a public charge determination for an immigrant can include deportation, denial of a green card or visa, and ineligibility for certain public benefits. Additionally, immigrants may face social stigma and discrimination due to the negative perception of immigrants who are labeled as “public charges.”

10. How might prior receipt of benefits impact a future immigration benefit application?

Prior receipt of benefits could impact a future immigration benefit application in a variety of ways. It could demonstrate that the applicant is a responsible, law-abiding individual who can be trusted to follow the rules and regulations related to the immigration process. It could also show that the applicant is financially stable and capable of supporting themselves and any dependents without assistance from the government. Additionally, it could be used as evidence of good moral character, showing that the applicant has been a productive and responsible member of society. Finally, it may also demonstrate that the applicant is already familiar with the procedures and protocols related to immigration benefits, which could help streamline any future applications.

11. How could the public charge rule affect an immigrant’s ability to work in the United States?

The public charge rule may make an immigrant ineligible to work in the United States if they are deemed to be likely to become primarily dependent on the government for subsistence. This means that immigrants may be denied a visa, green card, or other benefit, or be asked to leave the U.S., if they are determined to be a public charge. This could affect an immigrant’s ability to work in the United States if they are unable to prove that they will not become primarily dependent on the government for subsistence.

12. Does the public charge rule apply to immigrants who are already in the United States?

Yes, the public charge rule applies to immigrants who are already in the United States. The rule requires immigrants to demonstrate that they will not become a public charge while in the U.S. through their income and resources, and if they are likely to become a public charge, they may be denied admission to the U.S. or a green card.

13. Does the public charge rule apply to immigrants who are applying for an adjustment of status, or lawful permanent residence (green card)?

Yes, the public charge rule applies to immigrants who are applying for an adjustment of status or a green card. The rule requires that applicants for permanent residence demonstrate that they are not likely to become a public charge and can support themselves financially. This could include submitting evidence of income, assets, and health insurance coverage, where applicable.

14. What forms can an immigrant use to demonstrate that they are not likely to become a public charge?

An immigrant can demonstrate that they are not likely to become a public charge by using form I-944 (Declaration of Self-Sufficiency). This form is used to evaluate an immigrant’s financial resources and ability to support themselves without relying on public benefits. Additionally, immigrants may also need to provide supporting documents such as pay stubs, bank statements, and letters of employment to verify their income and resources.

15. Are there any waivers available that can exempt an applicant from the public charge determination?

Yes, applicants may be exempt from the public charge determination if they meet certain criteria. Examples include those who are applying for U.S. citizenship, those who are a victim of domestic violence, those who receive certain types of public benefits specifically designated as exempt from public charge consideration (such as emergency medical benefits and disaster relief), and people who are sponsored by a qualified sponsor under the Affidavit of Support.

16. What happens if an applicant is found likely to become a public charge?

If an applicant is found likely to become a public charge, they may be denied admission into the United States or the issuance of any visa. It is important to note that being found likely to become a public charge does not automatically make an individual ineligible for admission to or adjustment of status in the United States.

17. How can social service providers help immigrants navigate the public charge rule and its implications?

Social service providers can help immigrants navigate the public charge rule and its implications by providing information and resources on the rule, including eligibility requirements and potential impacts. Additionally, providers can help immigrants assess their individual risk levels, including providing information on alternatives to using public benefits, such as enrolling in private health insurance or using community resources. Finally, providers can connect immigrants to legal assistance to help them understand how their individual circumstances may be impacted by the rule.

18. What other resources are available to help immigrants understand and prepare for a public charge determination?

Aside from the resources provided by the federal government, there are other organizations that provide assistance to immigrants in understanding and preparing for a public charge determination. These organizations include Catholic Charities, Lutheran Immigration and Refugee Service, National Immigration Law Center, Asian American Advancing Justice, National Council of La Raza, National Immigration Forum, and the Immigrant Legal Resource Center. Additionally, many community-based organizations offer services to help immigrants learn more about public charge and prepare for the process.

19. Are there any legal challenges to the public charge rule currently pending in courts?

Yes, there are several legal challenges currently pending in courts to the public charge rule. These challenges include lawsuits brought by a coalition of states and civil rights organizations, as well as individual and organizational plaintiffs.

20. How does the public charge rule impact family-based immigration?

The public charge rule can impact family-based immigration in a number of ways. Generally, it requires that a foreign national seeking admission or a change of status to become a lawful permanent resident (LPR) must demonstrate they are not likely to become a public charge. This means that the individual must show that they have sufficient resources to support themselves and any family members without relying on public benefits for support. In addition, those applying for an immigrant visa, and certain nonimmigrant visas, must file an Affidavit of Support from a sponsor who has sufficient income to support the foreign national and their family members. This can be difficult for many family-based immigrants who may lack the resources or financial support from family or sponsors to meet the public charge requirements.