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12/16/2019

Answering questions about whether public charge inadmissibility applies to a client’s specific situation can be complicated. Case-specific considerations include, but are not limited to, whether the client has a legal status that is exempt from public charge inadmissibility, whether the client is seeking a form of relief that has an admissibility component, and whether the client is eligible to adjust status or will be consular processing.

This advisory offers a three-step framework for thinking through this analysis. Each step includes questions meant to focus the analysis on the pertinent factors to identify whether public charge inadmissibility applies, and if so, how it will be evaluated in a given case. Part I begins with an explanation of this three-step approach to analyzing public charge inadmissibility. Part II takes the reader through a guided analysis with five case examples, illustrating how to apply the three-step analysis for assessing public charge inadmissibility in practice.