If you’re applying for a green card (lawful permanent residence) in the United States, you may have heard of the term “public charge.” This term can be confusing and intimidating, especially if you’re not sure how it applies to your case. In simple terms, a public charge is someone who is likely to depend primarily on the government for financial support. But what does that really mean—and could it affect your chances of getting a green card?
This guide breaks down what the public charge rule is, who it applies to, what benefits are involved, and how you can prepare your application to avoid problems.
Understanding the Public Charge Rule
The public charge rule is a long-standing part of U.S. immigration law. It allows immigration officers to deny green cards, visas, or entry into the U.S. if they believe the applicant is likely to become a public charge in the future.
Historically, the rule focused on people who relied on cash assistance programs (like SSI or TANF) or long-term institutional care funded by the government. However, in recent years, there have been attempts to expand and narrow this definition. The rules have shifted depending on presidential administrations and court rulings.
As of 2025, under the current Department of Homeland Security (DHS) guidelines, the public charge determination is based on a totality of circumstances—including your age, health, family status, financial resources, education, and affidavit of support (Form I-864).
What Benefits Trigger the Public Charge Rule?
Not all public benefits will count against your application. It’s important to understand which benefits are considered under the current rule.
Benefits That Are Not Considered:
- Medicaid (except for long-term institutional care)
- SNAP (food stamps)
- WIC (Women, Infants, and Children program)
- CHIP (Children’s Health Insurance Program)
- Housing assistance (like Section 8 or public housing)
- School lunch programs
- Disaster relief
- COVID-19-related aid (including vaccines, testing, treatment)
Benefits That May Be Considered:
- Cash assistance for income maintenance (like SSI or TANF)
- Long-term care at government expense, such as in a nursing home or mental health institution
Only benefits received directly by the applicant will count. If your children or spouse are receiving public benefits, that typically does not count against your application.
Who Is Affected by the Public Charge Rule?
The public charge rule does not apply to everyone. Certain immigrants are exempt, including:
- Refugees and asylees
- U visa, T visa, and VAWA applicants
- Special immigrant juveniles
- TPS (Temporary Protected Status) applicants
- Certain humanitarian parolees
If you’re applying for a green card based on family sponsorship, the rule may apply to you. Employment-based green card applicants are also reviewed, but financial self-sufficiency is often assumed.
The Role of the Affidavit of Support (Form I-864)
If you’re applying for a green card through a family member, that person must usually submit Form I-864, Affidavit of Support. This form is a legally binding contract stating they will financially support you if needed.
The sponsoring person must meet minimum income requirements—typically 125% of the federal poverty guidelines based on household size. If the sponsor’s income is not enough, a joint sponsor can also be added to the application.
The affidavit of support is a critical part of the public charge assessment. A strong, well-prepared Form I-864 can often be the deciding factor in overcoming any concerns about your future financial stability.
How USCIS Evaluates Public Charge Risk
USCIS officers do not automatically deny green cards because you’re low-income or have received some benefits in the past. Instead, they consider the “totality of circumstances,” which includes:
- Age: Are you working-age or a dependent child/senior?
- Health: Do you have a serious medical condition? Do you have health insurance?
- Family status: Are you supporting multiple dependents?
- Assets, resources, and financial status: Do you have savings, property, or reliable income?
- Education and skills: Do you have job training or higher education?
- Affidavit of support: Is your sponsor financially stable?
USCIS uses all of this information to determine whether you are likely to become primarily dependent on the government.
How to Avoid Public Charge Issues
If you’re concerned about how the public charge rule may affect your green card application, there are steps you can take to strengthen your case:
1. Review Your Benefit History
Make sure you know which benefits you’ve received and whether they are counted under the rule. Most non-cash and state-level programs are not a problem.
2. Gather Strong Financial Documents
Include pay stubs, tax returns, bank statements, and proof of assets. Demonstrating your financial stability is key.
3. Get Health Insurance
Showing that you have health insurance coverage can help ease concerns about future medical costs.
4. Highlight Your Skills and Education
Provide evidence of your employment, certifications, or degrees. These can demonstrate that you are employable and self-sufficient.
5. Work With an Immigration Attorney
If you’ve received benefits or have other factors that may raise concerns, it’s wise to consult a qualified immigration lawyer who understands the latest public charge policies.
Final Thoughts
The public charge rule can feel intimidating, but in most cases, it does not result in green card denial. Understanding what the rule covers—and what it doesn’t—can help you approach the process with confidence.
The best way to protect your application is to stay informed, provide strong documentation, and be honest about your situation. With proper preparation, most applicants can avoid public charge issues and continue on the path to lawful permanent residence.