“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
04/16/2025
Permanent residents have many rights and benefits.
Permission to live and work in the United States
Eligibility for certain public benefits
Right to travel within the United States and abroad
Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident. Permanent Residence is a status—only an immigration judge can take away your permanent residence. Permanent residents should carry their green card (or at a minimum a copy of it).
Permission to live and work in the United States
Eligibility for certain public benefits
Right to travel within the United States and abroad
Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident. Permanent Residence is a status—only an immigration judge can take away your permanent residence. Permanent residents should carry their green card (or at a minimum a copy of it).
FAQs & Explainers
Resources
Publication Date
02/18/2025
In its first month, the Trump administration has issued dozens of executive orders (EO) that seek to limit access to the immigration system, target foreign nationals for political gain and sow chaos and fear among immigrant and advocate communities. This explainer focuses on aspects of the EOs that target immigration benefits, processing and adjudication.
Practice Advisory
Resources
Publication Date
02/19/2025
This practice advisory outlines the process for researching and commenting on federal forms. A previous advisory covers the process specific to commenting on regulations, which has many parallels to the forms comment process. Federal forms and their comment process are often overlooked by advocates, even those who regularly follow changes in regulations and comment on them. However, form changes can be significant and sometimes can be used to change policy by agencies. The statute regulating forms is the Paperwork Reduction Act (PRA).
FAQs & Explainers
Resources
Publication Date
12/20/2024
Given the previous Trump administration’s use of public charge as a means to limit access to immigration benefits, many may be facing renewed anxiety about public charge. This resource aims to provide advocates and community members with an understanding of what public charge changes are—and are not—possible under a second Trump administration, including timing of any possible changes and recommendations for community members.
Public Comments / Sign-on Letters
Resources
Publication Date
07/08/2024
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.
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
Webinar
Webinar
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 the proposed legalization bills are enacted.
Webinar
Webinar
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 rule to existing guidance, highlight differences, and discuss advising clients and their families on the use of public benefits. This FREE webinar is specifically geared towards legal practitioners.