What is public charge?
“Public charge” is a ground of inadmissibility. Grounds of inadmissibility are reasons that a person could be denied a green card, visa, or admission into the United States. In deciding whether to grant some applicants a green card or a visa, an immigration officer must decide whether that person is likely to become dependent on certain government benefits in the future, which would make them a “public charge.” It is not a test that applies to everyone, not even to all those applying for green cards. For an overview of public charge law, click here.
UPDATE: In late 2019, the government issued two new rules related to public charge: one for cases decided in the United States, and the other for cases decided at U.S. consulates and embassies abroad. After litigation initially blocked the rule for cases decided in the United States, both rules took effect February 24, 2020. On July 29, 2020 both rules were blocked by two new court orders. In August and September 2020, the Second Circuit Court of Appeals first narrowed the injunction for cases decided by USCIS to New York, Vermont, and Connecticut, and then lifted the injunction altogether, meaning that USCIS can use the new, 2019 rule to decide applications for green cards in all states. USCIS has posted information on its website regarding its plans for resuming implementation of the new public charge rule to all cases postmarked on or after February 24, 2020, including some cases filed over the summer without Form I-944. The injunction blocking the Department of State from applying the 2019 rule in cases decided at consulates and embassies is still in effect. For a timeline of the rules and litigation, click here.
Embassies and consulates have not been open for routine processing during much of the pandemic. As consulates begin to process cases, they cannot apply the enjoined DOS rule related to public charge, the health insurance proclamation from October 2019, or prior guidance issued in January 2018 related to public charge.
Please check back regularly for updates. For more information on the injunctions and pending litigation, see the Protecting Immigrant Families Campaign: https://protectingimmigrantfamilies.org/.
Here are a few important points regarding public charge:
- Public charge does not apply to all immigrants. This law mainly impacts those seeking permanent resident status through family member petitions.
- Many immigrant categories are exempt from the public charge ground of inadmissibility, even if they might be applying for status or a green card. U visa holders, T visa holders, asylees, refugees, and many more categories are exempt.
- Public charge laws do not apply in the naturalization process, through which lawful permanent residents apply to become U.S. citizens.