Public Charge Resources

Consistent with Executive Order 14012, we are committed to restoring trust in our legal immigration system and identifying excessive or unjustified administrative and other barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits. One goal of this executive order is to reduce the confusion and fear that may have prevented immigrants and their families, including their children, from obtaining access to critical government services available to them.

We must ensure that immigrants and their U.S. citizen and non-U.S. citizen family members, are not deterred from obtaining access to important government services for which they are eligible to keep their families safe and healthy. A central goal of our efforts is to promote equity and to prevent unfairness, consistent with law.

Please see our resources below to learn more about the 2022 Public Charge Ground of Inadmissibility Final Rule and how we now administer the public charge ground of inadmissibility. Our question-and-answer section, infographics, and other resources address common concerns and misconceptions about the public charge ground of inadmissibility. These resources include information about the public benefits that we do not consider when making public charge inadmissibility determinations.

For example, we do not consider vaccines or public benefits specifically related to the coronavirus (COVID-19) pandemic. You can continue to receive the care you and your family need to protect your health and limit the spread of COVID-19. We do not consider vaccinations when making public charge inadmissibility determinations. In fact, we encourage everyone, regardless of immigration status, to receive the COVID-19 vaccine. For more information on COVID-19 vaccines, please visit the DHS statement on COVID-19 vaccines and Covid.gov.

We also encourage everyone, including noncitizens, to seek necessary medical care, including treatment or preventive services for COVID-19. You may seek pandemic-related benefits and services (including food assistance, housing programs, and others) for which you are eligible—without fear of negative consequences to your immigration status.

These resources also describe the steps we are taking to communicate with the public about current public charge policies. When in doubt, please seek information from a trusted source, including federal, state or local government agencies.

Questions and Answers About Public Charge

Key Facts About the 2022 Final Rule

Q: What is the public charge ground of inadmissibility?

A: Congress established that a noncitizen’s application for a visa, admission, or adjustment of status can be denied if they are found “likely at any time to become a public charge.”

For DHS, a public charge inadmissibility determination is based on a noncitizen’s likelihood of becoming primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.

USCIS must apply this public charge inadmissibility determination to most noncitizens who are applying for lawful permanent residence (also known as a Green Card) when we adjudicate Form I-485, Application to Register Permanent Residence or Adjust Status.

As explained in detail below, some noncitizens are exempt from the public charge ground of inadmissibility.

Q: How does USCIS administer the public charge ground of inadmissibility?

A: For adjustment of status applications postmarked (or electronically filed, if applicable) on or after Dec. 23, 2022, USCIS will apply the 2022 Final Rule. For applications postmarked before Dec. 23, 2022, USCIS will administer the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance.

Q: What does this question mean in Item Number 61 in Part 8 on Form I-485, Application to Register Permanent Residence or Adjust Status? It asks: “Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)?”

A: This question is asking whether the applicant is subject to the public charge ground of inadmissibility (which is an objective fact based on immigration status), not whether the applicant is “likely at any time in the future to become a public charge” (which is a case-by-case determination made by the immigration officer).

Unless an applicant is specifically exempt from the public charge ground of inadmissibility, the public charge ground of inadmissibility will generally apply to all applicants for adjustment of status, including family-based applicants, employment-based applicants, and diversity visa applicants.

More information on who is exempt from the public charge ground of inadmissibility can be found below. For further information on which categories of noncitizens are subject to and exempt from the public charge ground of inadmissibility, see the USCIS Policy Manual, Volume 8, Part G, Chapter 3 and 8 CFR 212.23.

If an applicant incorrectly answers “no” to question 61, and/or does not respond to follow-up questions 62 through 68, in Part 8 of Form I-485, Application to Register Permanent Residence or Adjust Status, but we determine that the applicant is subject to the public charge ground of inadmissibility, we will issue a Request for Evidence (RFE) to obtain the information we need to determine whether the applicant is likely at any time to become a public charge, and therefore inadmissible. We will not seek punitive measures or penalties against applicants who complete and file a Form I-485 application in good faith.

Q: Who is exempt from the public charge ground of inadmissibility?

A: The following noncitizens are exempt from the public charge ground of inadmissibility when applying for visas, admission, or adjustment of status:

For further information on which categories of noncitizens are subject to and exempt from the public charge ground of inadmissibility, see the USCIS Policy Manual, Volume 8, Part G, Chapter 3 and 8 CFR 212.23.

Q: What are the factors that USCIS will consider when making a public charge inadmissibility determination?

A: For all applicants for adjustment of status who are subject to the public charge ground of inadmissibility, USCIS must consider the statutory minimum factors of age; health; family status; assets, resources, and financial status; and education and skills. The applicant provides relevant information about these factors as part of the adjustment application (Form I-485) and the Report of Medical Examination and Vaccination Record (Form I-693).

USCIS will favorably consider a sufficient Affidavit of Support Under Section 213A of the INA (Form I-864 or Form I-864EZ), if required.

USCIS will also consider any current and/or past receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.

Q: Which public benefits does USCIS consider when determining whether an applicant is inadmissible under the public charge ground?

A: We consider an applicant’s current and/or past receipt of public cash assistance for income maintenance. Public cash assistance for income maintenance includes only the following:

We also consider an applicant’s institutionalization for long-term care at government expense, such as in a nursing home or mental health institution.

However, relatively few applicants will be both subject to the public charge ground of inadmissibility and eligible for these public benefits prior to adjustment of status. (For more details, see below under “Most Noncitizens Are Not Eligible for Public Benefits.”)

Q: What public assistance programs does USCIS not consider?

A: Generally, we do not consider noncash benefits in making public charge determinations. The only noncash benefit we consider is long-term institutionalization at government expense. We also do not consider special-purpose cash assistance that is not intended for income maintenance.

For example, USCIS does not consider any of the following public benefits when making a public charge determination:

Nutrition programs

Health programs

Housing programs

Education and childcare programs

Disaster relief programs

Earned benefits

Other public benefits

Most Noncitizens Are Not Eligible for Public Benefits

Q: Who is subject to the public charge ground of inadmissibility and eligible for the public benefits considered under the 2022 Final Rule?

A: Relatively few noncitizens in the United States are both subject to the public charge ground of inadmissibility and eligible for the public benefits considered under the 2022 Final Rule before adjustment of status.

The following table identifies the major categories of noncitizens who are generally subject to the public charge ground of inadmissibility and may be eligible for the federal public benefits considered under the 2022 Final Rule (such as Supplemental Security Income, Temporary Assistance for Needy Families, and Medicaid that supports noncitizens who are institutionalized for long-term care at government expense). The 2022 Final Rule also includes consideration of state and local cash assistance programs that provide benefits for income maintenance (often called ‘‘General Assistance’’ programs); and any other program in addition to Medicaid that supports noncitizens who are institutionalized for long term care at government expense. (The table does not include these programs).

The 2022 Final Rule, the public charge inadmissibility determination is a prospective determination based on the totality of the noncitizen’s circumstances (that is, we weigh all the information and evidence relevant to the statutory factors as applied to an applicant’s case). No one factor serves as the sole criterion for making a public charge inadmissibility determination (except for an insufficient Affidavit of Support Under Section 213A of the INA where required).

The table is provided for background purposes only and should not be used to determine eligibility for public benefits.

SSI eligibility only in limited circumstances.¹

Medicaid and TANF eligibility subject to 5-year waiting period in most cases.

SSI eligibility only in limited circumstances.¹

Not subject to the public charge inadmissibility ground if also in an exempt immigration status.²

Abbreviations: SSI, Supplemental Security Income; INA, Immigration and Naturalization Act; LPR, lawful permanent resident (or “Green Card” holder); TANF, Temporary Assistance for Needy Families; U.S.C., United States Code.

¹ See Social Security Administration, Supplemental Security Income for Noncitizens, https://www.ssa.gov/pubs/EN-05-11051.pdf (accessed Feb. 9, 2022).

² Certain noncitizens are exempt from the public charge ground of inadmissibility, including but not limited to:

For further information on which categories of noncitizens are subject to and exempt from the public charge ground of inadmissibility, see the USCIS Policy Manual, Volume 8, Admissibility, Part G, Public Charge Ground of Inadmissibility and the 2022 Final Rule [PDF (PDF)].

³ USCIS does not consider any public benefits that were received by noncitizens who, while not refugees, are eligible for resettlement assistance, entitlement programs, and other benefits available to refugees. For example, Congress explicitly extended benefits normally reserved for refugees to our Afghan allies and to certain Ukrainians impacted by the Russian invasion of Ukraine.

Past or Current Receipt of Public Cash Assistance for Income Maintenance or Long-term Institutionalization at Government Expense

Q: What if a family member living in the adjustment applicant’s household uses public cash assistance for income maintenance or long-term institutionalization at government expense? Would that count against the applicant’s immigration status or eligibility for immigration benefits?

A: No. The receipt of public benefits by an applicant’s family members is not considered in a public charge inadmissibility determination under the 2022 Final Rule. Only public cash assistance for income maintenance or long-term institutionalization at government expense provided to the applicant, where the applicant is listed as a named beneficiary, are considered in a public charge inadmissibility determination.

Q: Does the receipt of public benefits by someone who naturalized or derived U.S. citizenship affect their citizenship?

A: No. Anyone who naturalized or derived U.S. citizenship cannot lose their citizenship because of receipt of public benefits while a U.S. citizen.

Q: Are lawful permanent residents subject to a public charge inadmissibility determination when they apply to renew their Green Cards?

A: No. Lawful permanent residents applying to renew their Green Card are not subject to a public charge inadmissibility determination, because they are not required to establish that they are admissible to the United States to renew their Green Card.

Q: Does the receipt of public benefits by a lawful permanent resident affect their immigration status while they are in the United States?

A: No. DHS only applies the public charge ground of inadmissibility to applicants for admission to the United States or to applicants for adjustment of status who are already in the United States. Lawful permanent residents have already adjusted their status.

Q: What if a lawful permanent resident has received or is receiving public cash assistance for income maintenance or long-term institutionalization at government expense and departs the United States—will they be subject to a public charge determination upon their return?

No, except in a few unusual circumstances. DHS does not typically treat a lawful permanent resident who has been outside the United States as an applicant for admission when they return from a trip abroad and, therefore, they would not generally undergo a public charge inadmissibility determination upon their return. Under INA 101(a)(13)(C), an LPR returning from a temporary trip abroad would only be considered seeking admission to the United States if any of the following factors apply:

Q: Does the current and/or past receipt of public benefits automatically result in an applicant being found likely at any time to become a public charge?

A: No. USCIS considers current and/or past receipt of public cash assistance for income maintenance and long-term institutionalization at government expense in the totality of the circumstances, taking into account the amount, duration, and recency of the receipt. Current and/or past receipt of these benefits alone is not a sufficient basis to determine that an applicant is likely at any time to become a public charge.

The past or current receipt of public cash assistance for income maintenance and long-term institutionalization at government expense is only one factor we consider in the totality of the circumstances; other factors include the statutory minimum factors (age; health; family status; assets, resources, financial status; and education and skills) and the Affidavit of Support Under Section 213A of the INA, if required.

USCIS will not find an applicant inadmissible on the public charge ground solely based on an applicant’s disability.

Q: What if a noncitizen receives public benefits while in a category that is exempt from the public charge ground of inadmissibility, but then applies to adjust status while in a non-exempt category?

USCIS does not consider any public benefits received by a noncitizen during periods in which the noncitizen was present in the United States in an immigration category that is exempt from the public charge ground of inadmissibility or for which the noncitizen received a waiver of public charge inadmissibility.

For example, an individual with refugee status is exempt from the public charge ground of inadmissibility and may be eligible for a range of public benefits, including public cash assistance for income maintenance. If this individual later applied for adjustment of status based on a family petition (Form I-130), they would be subject to a public charge determination, but their receipt of public benefits during their period of refugee status would not be considered.

COVID-19 Related Public Benefits

Q: Will receiving free COVID-19 testing, vaccinations, or treatment be used in determining whether someone is likely to become a public charge?

A: No. We do not consider public assistance for immunizations and for testing and treating communicable diseases. We do not consider receipt of Medicaid and other public health insurance and health services. This includes health clinics, short-term rehabilitation services, and emergency medical services.

We encourage everyone, regardless of immigration status, to receive the COVID-19 vaccine and subsequent booster vaccines. We also encourage everyone, including noncitizens, with COVID-19 symptoms (such as fever, cough, shortness of breath) to seek necessary medical treatment or preventive services. Such treatment or preventive services will not affect any public charge determination, now or in the future.

Q: What about other COVID-19 public assistance, such as for food, housing, cash assistance, rental assistance, tax credits, stimulus payments, unemployment, financial aid grants to students, Paycheck Protection Program, and student loan forbearance?

A: We do not consider such public assistance that is specifically related to COVID-19, because these are noncash benefits or special-purpose cash benefits that we do not use in making public charge determinations as a general matter. We only consider Supplemental Security Income (SSI), cash assistance under the Temporary Assistance for Needy Families (TANF) program, and General Assistance (in other words, cash assistance provided by states or localities), as well long-term institutionalization provided at government expense.

States have flexibility in administering the TANF program and may choose to provide noncash assistance such as subsidized childcare or transportation vouchers in addition to cash assistance. Such noncash benefits are not considered for public charge purposes. States may also provide nonrecurrent cash payments for specific crisis situations under TANF. These payments are not considered for public charge purposes because they are not cash for income maintenance.

Affidavit of Support

Q: What is an Affidavit of Support Under Section 213A of the INA?

A: Congress amended INA 212(a)(4) in 1996 to require that certain immigrants submit a sufficient Affidavit of Support Under Section 213A of the INA (Form I-864 or Form I-864EZ), executed by a sponsor, to avoid a finding of inadmissibility under this section. The new section, INA 213A, specifies who meets the definition of a sponsor, which immigrants must submit a sufficient Affidavit of Support, the scope of a sponsor’s obligations, and how an Affidavit of Support may be enforced.

By executing an Affidavit of Support, a sponsor creates a contract between the sponsor and the U.S. government. Under this contract, the sponsor agrees:

Receiving means-tested public benefits does not disqualify someone from becoming a sponsor. However, means-tested public benefits cannot be included as income that is used to meet the income threshold.

Q: Which applicants for adjustment of status must submit an Affidavit of Support Under Section 213A of the INA?

A: Most family-based applicants for adjustment of status must submit an Affidavit of Support Under Section 213A of the INA (Form I-864 or Form I-864EZ), executed by a sponsor, who is usually the U.S. citizen or lawful permanent resident who filed the immigrant petition on the adjustment applicant’s behalf. Employment-based applicants for adjustment of status must submit Form I-864 or Form I-864EZ if the applicant’s U.S. citizen or lawful permanent resident relative (as defined in 8 CFR 213a.1) filed the employment-based immigrant petition, or has a significant ownership interest in the entity that filed the immigrant visa petition on behalf of the applicant.

Q: Which applicants for adjustment of status do not have to submit an Affidavit of Support Under Section 213A of the INA?

A: Applicants for adjustment of status who do not have to submit an Affidavit of Support Under Section 213A of the INA (Form I-864 or Form I-864EZ) include applicants in the following categories: