“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.
The Immigrant Legal Resource Center (ILRC) provides trainings and technical assistance on public charge, produces numerous practice advisories, toolkits, and other resources, and authors a comprehensive manual, Public Charge and Immigration Law.
Latest Resources
FAQs & Explainers
Resources
Publication Date
05/08/2023
This practice advisory addresses FAQs related to current public charge policy including definitions and applicability of the new 2022 rule, use of benefits and other government programs, exemptions, affidavit of support and sponsor questions, and bond.
FAQs & Explainers
Resources
Publication Date
03/01/2023
On December 23, 2022, a new rule on public charge went into effect. The new rule reinforces longstanding policies on public charge that ensure families can access health and nutrition programs and many other benefits without fear. Not all immigrants need to worry about public charge since many are not affected and can receive any public benefit they are eligible for without consequences. This downloadable guide offers more information about whether public charge affects you or your family.
FAQs & Explainers
Resources
Publication Date
09/08/2022
Many undocumented immigrants are now eligible for Medi-Cal. This bilingual, two-sided flyer is meant to provide a quick overview of eligibility and key notes regarding the healthcare benefit. Included are also links for identifying registration directories as well as a national directory for free or low-cost immigration legal services.
Resources
Resources
Publication Date
08/29/2022
In California, there are several state and local programs that help California families, including immigrants, meet their basic needs. These programs often play an important role by extending benefits to immigrants who are not eligible for federal benefit programs. This resource gives an overview of some of the public benefits that are available to immigrants in California to access education, healthcare, food assistance, and other important necessities.
Practice Advisory
Resources
Publication Date
05/04/2022
This advisory provides practitioners with current information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
Public Comments / Sign-on Letters
Resources
Publication Date
03/09/2022
This is an archived collection of comments the ILRC has submitted related to proposed regulations (“rules”) regarding public charge and the affidavit of support.
Toolkit & Reports
Resources
Publication Date
02/25/2022
This toolkit is designed to assist education and outreach workers presenting public charge information to immigrant community members. Some of the materials in the toolkit have a California focus or include California-specific details, but all materials remain useful for a national audience. Our goal is to spread accurate information about what public charge is and who is impacted by it, to help reverse the chilling effect from the Trump public charge rule which is no longer in effect.
FAQs & Explainers
Resources
Publication Date
09/27/2021
Contact tracing is a public health program that helps slow the spread of infectious diseases, like COVID-19 (coronavirus). Because COVID-19 is very contagious, many states have implemented contact tracing programs to protect communities from the virus. California launched California Connected, its contact tracing program, in May 2020. This resource, which describes the California Connected program in Q&A format, highlights issues of interest to the immigrant community, including the language competency of contact tracers, the confidentiality of shared personal information, and public charge considerations.
FAQs & Explainers
Resources
Publication Date
05/24/2021
This handout provides a list of some of the most common public benefits programs that do not count for public charge. Whether or not public charge applies to you and no matter your immigration status, the programs on this list are safe to use.
FAQs & Explainers
Resources
Publication Date
05/04/2021
This new handout, written for youth and families with questions about the “public charge” rule, provides an overview of public charge and answers common questions about its application.
FAQs & Explainers
Resources
Publication Date
10/21/2021
This sample community meeting PowerPoint slide deck can be used to help education and outreach workers present information about public charge to community members. The PowerPoint slides are notated with what you can say as you present. We also include Sample Audience Questions and Answers that education and outreach workers can use when responding to questions from community members about public charge.
Public Charge Safe to Use List
This resource lists some of the most common public benefits programs that do not count for public charge, no matter your immigration status.
Related Products
Webinar
Webinar
Date and Time: 02/02/2023 11:00am to 12:30pm PST
Recorded Date: 02/02/2023
Place: Online
Registration Deadline: Thursday, February 2, 2023 - 11:00am
Presenter: Erin Quinn Ariel Brown
MCLE: 1.5 CA & TX
Recorded Date: 02/02/2023
Place: Online
Registration Deadline: Thursday, February 2, 2023 - 11:00am
Presenter: Erin Quinn Ariel Brown
MCLE: 1.5 CA & TX
Webinar
Webinar
This webinar will review public charge law and policy in effect at the time of this webinar as well as current affidavit of support requirements and process such as who is required to submit Form I-864, who is exempt and how to indicate this, various ways to meet the financial requirements, and how the affidavit of support relates to the public charge inadmissibility determination.
Webinar
Webinar
In this webinar, we will provide updates about Public Charge law and policy. We will consider the current state of law, what policies are in effect and what it means for those filing applications to obtain status. We will cover any recent developments and practice tips for those in the field. This webinar assumes a basic knowledge of the public charge inadmissibility.
Webinar
Webinar
Join us for a discussion of recent adjudication trends and policy changes in immigrant visa consular processing cases pertaining to public charge and other hot topics.
Publication
Publication
Families & Immigration: A Practical Guide is an essential tool for practitioners who assist in all aspects of family-sponsored immigration. This resource is designed for everyday practice by new and seasoned immigration attorneys, immigration paralegals, community-based organizations, and family immigration advocates.
Webinar