“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
03/04/2024
This Community Explainer details what Public Charge is, who it does and does not impact, and what immigrants should know when considering certain public benefits and their family’s immigration circumstances.
FAQs & Explainers
Resources
Publication Date
01/09/2024
This Community Alert provides an overview of new eligibility changes for full-scope Medi-Cal for income-eligible Californians, regardless of immigration status. Available for download in English and Spanish.
Public Comments / Sign-on Letters
Resources
Publication Date
11/07/2023
ILRC led a sign-on effort to provide comment to USCIS on the proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment, submitted November 7, 2023, received over 120 signatures and requested that the agency revise the form for efficiency and to remove barriers to eligible applicants.
Public Comments / Sign-on Letters
Resources
Publication Date
11/07/2023
On November 7, 2023, the ILRC submitted this comment on USCIS’s proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment provides detailed suggestions for alterations to the proposed form as well as suggested language the agency should include. ILRC urged the agency to revise the form to reduce barriers to permanent residence for applicants and adjudicators and to focus on ensuring that the form is accessible for pro se applicants.
Public Comments / Sign-on Letters
Resources
Publication Date
08/07/2023
On August 7, 2023, the ILRC provided a comment to a recent USCIS Policy Manual update seeking to clarify who is subject to the public charge ground of inadmissibility. In the comment, ILRC provided suggested language for both the Policy Manual and the Form I-485 that would help to further lessen confusion that practitioners and applicants are facing in this area. ILRC also recommended changes to the USCIS web site for Form I-485 to ensure that information is consistent and accurate for applicants.
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
02/22/2024
Many undocumented immigrants are now eligible for Medi-Cal. Starting January 1, 2024, full-scope Medi-Cal is available to all income-eligible Californians, regardless of immigration status or age.
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.
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
02/21/2024
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.
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
Publication
Publication
While public charge has been a part of our immigration laws for more than a hundred years, changes including actions taken by the Trump and Biden administrations brought renewed attention to public charge law. The Trump-era changes to public charge are no longer in effect, however immigrant families and communities continue to fear public charge repercussions when they access public benefits.
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.