Public Charge Exemptions and Considerations
It is important to remember that immigration law and regulations exempt some categories of immigrants from public charge inadmissibility and provide many types of immigration status that are not subject to the public charge ground of inadmissibility. This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immigrants who may be considering adjustment of status or consular processing through a family or
Public Charge as a Ground of Deportability
Under the Immigration and Nationality Act (INA), any noncitizen who “within five years from the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In current practice, this ground of deportability rarely comes up in pending removal proceedings or as a reason for the initiation of removal proceedings.