Public Charge

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.

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.

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.

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.

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.

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.

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.