A Simplified Guide on the Public Charge Rule

Published: January 19, 2023

The Department of Homeland Security (DHS) implemented a new public charge inadmissibility test on December 23, 2022. It will apply to applications postmarked or electronically submitted on or after the said date. In effect, the current rule revives the historical meaning of “public charge,” which is similar to what is enclosed in the 1999 Field Guidance on Deportability and Inadmissibility on Public Charge Grounds.

Public Charge, Defined

The Immigration & Nationality Act (INA) defines a public charge as a noncitizen “who has become or is likely to become primarily dependent on the federal government for subsistence as demonstrated by either: (a) the receipt of public cash assistance for income maintenance; or (b) institutionalization for long-term care at government expense.

Individuals Exempt from Public Charge Analysis

Some categories of applicants can be exempt from the public charge analysis. The following individuals are exempted:

• Qualified aliens, such as:
  • VAWA self-petitioners
  • VAWA cancellation applicants
  • Applicants who have ongoing or approved T visa applications
• Refugees
• Asylees
• Other statutorily or regulatorily exempt humanitarian categories
• Lawful Permanent Residents (LPRs)

Navigate Changing Immigration Rules with Legal Experts

Becoming a public charge creates severe legal implications for your immigration status. Avoid committing unnecessary errors dealing with this issue by collaborating with highly experienced immigration lawyers. ALG Lawyers has a team of attorneys willing to work closely with you and ensure that your rights and interests receive the utmost protection.