Public Charge Explained
"Public Charge" makes people afraid to use public benefits. But the Public Charge Rule does not affect every immigration application.
This article will explain:
- What is Public Charge
- What benefits are included in the rule
- Who is affected by the rule and who is not
About the Public Charge Rule
When someone applies for a Green Card through a family petition, the immigration officials can deny the application for different reasons. One reason is if the government thinks the person is likely to depend too much on public benefits in the future. This is called the Public Charge Rule.
The immigration officer will consider the immigrant's:
- Health
- Age
- Income/resources
- Education and skills
- Family support and sponsor
- Use of public benefits
The officer weighs all these factors. The officer decides if the person is “likely to become a Public Charge.” They consider positive factors, like a job or skills. They consider negative factors, like low income, using public benefits, or health problems. They can deny the application if they think the person will depend too much on public benefits in the future.
Public Charge Rule Updates
July 17, 2026: The Trump Administration has issued a policy that takes away the Biden Administration’s public charge rule, starting on September 18, 2026. This new policy is likely to change the way public charge affects certain immigrant families. Because these rules are complicated, it is a good idea to talk to a lawyer before you leave the country or apply for your green card.
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Public Benefits are part of the Public Charge Test
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For immigration applications with a Public Charge test, filed on or after September, 18, 2026, the new policy allows immigration officials to look at many factors, including use of any benefits that are based on having a low income, when making a public charge determination. The rule does not name any specific programs and allows officials to use their own judgment.
The new policy allows officials to consider a dependent's use of benefits as evidence of the applicant’s income and financial status.
The new policy says it applies to applications submitted on or after September 18, 2026. So, for applications with a Public Charge test submitted before September 18, 2026, only these benefits obtained for the immigrant should* be considered:
• Cash benefits for income maintenance
- SSI (Supplemental Security Income)
- TANF (Temporary Assistance for Needy Families)
- GA (General Assistance / Relief)
• Medicaid for long-term, medical care in an institution, like a nursing home or psychiatric hospital
* It is unclear if officials will actually use the prior rules. If you apply before September 18, 2026, consult an immigration attorney about any other public benefits you are using.
Who is Affected by the Public Charge Rule?
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It does not apply to:
• U.S. Citizens
• Lawful Permanent Residents (Green Card holders) applying for citizenship or card renewals
• Refugees: people applying for refugee status, or for a Green Card as a refugee
• Asylum: people applying for asylum, or for a Green Card as an Asylee
• TPS: people applying for initial or re-registration of Temporary Protected Status
• DACA: people applying to renew Deferred Action for Childhood Arrivals
• SIJS: people applying for Special Immigrant Juvenile Status or applying for a Green card thru SIJS
• U Visa: people applying for a U visa or U visa holders applying for a Green card
• T Visa: people applying for a T visa; and T visa holders applying for a Green card
• VAWA: people applying for relief under the Violence Against Women Act (VAWA), and people with VAWA who are applying for a Green card
• People applying for withholding of removal or under the Convention Against Torture
Cubans applying under the Cuban Adjustment Act; Amerasians who are applying for admission
• SIV: Afghan and Iraqi interpreters and translators who are applying for special immigrant visas
• Registry: People applying for registry (lived in the U.S. since before January 1, 1972) -
It does apply to:
• Immigrants applying for Lawful Permanent Residence (Green Card) through a family-based petition. (U/T visa holders and VAWA immigrants are exempt.)
• Lawful Permanent Residents who leave the U.S. for 6 months or more at one time and seek to re-enter the U.S.
• People seeking to enter the U.S. temporarily as "non-immigrants."
What are the changes to the Public Charge Rule?
The Trump Administration has issued a policy that takes away the Biden Administration’s public charge rule, starting on September 18, 2026.
The new policy allows immigration officials to include the use of any benefits that are based on having a low income as of September 18, 2026, when making a public charge determination. The rule does not name any specific programs and allows officials to use their own judgment.
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