Public Charge

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Public Charge
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ILRC Comment on Proposed Changes to Form I-485
Enforcement
Family-Based
Immigrant Youth
Public Charge
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 Charge and Immigration Law

Public Charge

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...

ILRC Comments to the Public Charge USCIS Policy Manual Update

ILRC Comments to the Public Charge USCIS Policy Manual Update
Public Charge
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.
First page of this resource

Public Charge FAQs
Public Charge
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.
First page of this resource

Public Charge 5 Things to Know
Community Resources
Public Charge
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.

Public Charge for Legal Practitioners in 2023

Public Charge

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

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.

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.

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Latest Resources

Public Comments / Sign-on Letters
Resources

ILRC Leads Sign-On Comment on Proposed Changes to Form I-485
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

ILRC Comment on Proposed Changes to Form I-485
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

ILRC Comments to the Public Charge USCIS Policy Manual Update
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

Public Charge FAQs
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

Public Charge 5 Things to Know
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

Keep Your Family Healthy: A Shareable Medi-Cal Flyer
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

CA Public Benefits for Noncitizens
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

An Overview of Public Charge
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.
Toolkit & Reports
Resources

Public Charge Education & Outreach Toolkit

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

COVID-19, Contact Tracing, and Immigration in California
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.
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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.
View List

Related Products

Publication
Publication

Public Charge and Immigration Law
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

Public Charge for Legal Practitioners in 2023
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
Publication
Publication

Families & Immigration: A Practical Guide, 5th Ed., 2017
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.
Video
Video

Public Charge Update for Non-Legal Services Providers
During this webinar, we provided an update on public charge policies after the new inadmissibility rule from Department of Homeland Security (DHS) took effect and the new inadmissibility rule from Department of State was implemented. We discussed the various policies impacting immigrants and their families’ access to health care and other programs and took a closer look at the new DHS and DOS rules and who they affect. This webinar was designed for those conducting outreach and providing information to immigrants in a non-legal capacity.
Video
Video

Public Charge Updates
Bewildered by the many policy changes and litigation efforts surrounding public charge? Unsure if you’re prepared to counsel and advise clients on how public charge could impact their ability to get a family-based green card or visa to enter the United States? Join us as we discuss the challenges our immigrant clients are currently facing around public benefits and immigration status, and strategies to help clients overcome public charge concerns at various administrative agencies. This webinar will review the latest developments in public charge policy and regulations under the Trump administration. We will cover the public charge grounds of inadmissibility and deportability in detail, offering tools to evaluate your clients’ cases and prepare strong cases on their behalf.
Video
Video

Public Charge: What the Immigrant Community in California Needs to Know
During the COVID-19 pandemic, with shelter-in-place orders and social distancing protocols, it has become more difficult to reach the immigrant community to share information about immigration policies and access to resources. At the same time, given the economic devastation of COVID-19 for many immigrant families, it has never been more important to talk about what supportive services immigrants can obtain and how accessing services may or may not impact immigration legal opportunities in the United States.

Public Charge for Immigration Practitioners

Public Charge

The Biden administration announced a new public charge rule on September 9, 2022, set to go into effect at the end of this year. Join us to learn more about what the new rule says and the main takeaways for advising clients. We will compare the new...

FOIA

Asylum
Citizenship and Naturalization
Crimes
DACA
Detention
Enforcement
Family-Based
Immigrant Youth
Post-Conviction Relief
Public Charge
Removal Defense
Temporary Protected Status
U Visa/T Visa/VAWA

Level: IntermediateThis webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of...

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