The Public Charge Rule in Immigration: What Applicants Need to Know in 2026

What Is the Public Charge Ground of Inadmissibility?

The public charge ground of inadmissibility is one of the oldest provisions in United States immigration law. Rooted in the principle that immigrants to the United States should be self-sufficient, this provision allows the government to deny admission or adjustment of status to individuals who are deemed likely to become primarily dependent on the government for subsistence. The public charge ground of inadmissibility is codified at INA Section 212(a)(4) and has been part of American immigration law in various forms since the late 19th century.

At J. Lee & Associates in Norcross, Georgia, we frequently advise clients who are concerned about how the public charge rule may affect their immigration applications. Understanding what the rule does and does not cover is essential for anyone seeking a green card, a visa, or other immigration benefits. The law in this area has undergone significant changes in recent years, and staying current with the latest policy is critical.

The Current Public Charge Policy

After years of regulatory changes and legal challenges, the Biden administration published a final rule on public charge grounds of inadmissibility, which took effect on December 23, 2022 (87 FR 55472). This rule, codified at 8 CFR 212.22 and 8 CFR 212.23, replaced the Trump-era 2019 public charge rule that had significantly expanded the definition of public charge and the types of public benefits considered in the analysis. The 2022 final rule returned the public charge definition largely to its pre-2019 interpretation, defining a "public charge" as an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

Under the current rule, the following types of benefits are considered in the public charge determination:

• Cash assistance for income maintenance: This includes Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF) cash assistance, state and local cash assistance programs, and any cash benefits provided for income maintenance.
• Institutionalization for long-term care at government expense: This refers to government-funded institutional care in settings such as nursing homes or mental health institutions, where the government bears the cost.

Benefits That Are NOT Considered

The current public charge rule explicitly excludes numerous forms of public benefits from the public charge analysis. This is an important distinction that many applicants misunderstand. The following benefits are NOT considered when USCIS evaluates whether an applicant is likely to become a public charge:

• Medicaid: Receipt of Medicaid benefits (with the narrow exception of Medicaid-funded institutionalization for long-term care) is not considered in the public charge determination. This includes Medicaid for children, pregnant women, and adults.
• Supplemental Nutrition Assistance Program (SNAP/food stamps): SNAP benefits are not a negative factor in the public charge analysis.
• Children's Health Insurance Program (CHIP): Health insurance for children through CHIP is excluded.
• Housing assistance: Section 8 housing vouchers, public housing, and other federal housing assistance programs are not considered.
• School lunch programs: Free or reduced-price school meal programs are excluded.
• Women, Infants, and Children (WIC): Nutritional assistance through WIC is not considered.
• Emergency medical assistance: Emergency Medicaid and other emergency medical services are excluded.
• Disaster relief: Benefits received in connection with a federally declared disaster are not considered.
• Tax credits: The Earned Income Tax Credit (EITC), Child Tax Credit, and other tax credits are not public benefits for public charge purposes.

The exclusion of these benefits from the public charge analysis is significant because it means that applicants and their families can access critical health, nutrition, and housing programs without jeopardizing their immigration cases. Unfortunately, confusion about what counts as a public charge benefit has led many immigrant families to withdraw from or avoid enrolling in programs for which they are eligible, a phenomenon known as the "chilling effect."

The Totality of the Circumstances Test

Under the current regulations at 8 CFR 212.22, USCIS uses a "totality of the circumstances" test to determine whether an applicant is likely to become a public charge. This means that no single factor is determinative. Instead, USCIS weighs all relevant factors together to make an assessment. The factors USCIS considers include:

Age

USCIS considers the applicant's age as it relates to their ability to work and support themselves. Very young and very old applicants may face additional scrutiny, but age alone is not sufficient to make a public charge finding.

Health

The applicant's health condition is evaluated to determine whether it would affect their ability to work, attend school, or care for themselves. A health condition that is likely to require extensive medical treatment or institutionalization may weigh negatively, but having health insurance or a treatment plan can mitigate this factor. Having a disability alone does not make an applicant likely to become a public charge.

Family Status

USCIS considers the size of the applicant's household and the number of dependents. A larger household with more dependents may be viewed as requiring more resources, but this factor is considered alongside income and assets.

Assets, Resources, and Financial Status

The applicant's income, assets, savings, and financial resources are evaluated. USCIS looks at whether the applicant has sufficient income to support themselves and their dependents above 125 percent of the Federal Poverty Guidelines (or 100 percent for active-duty military members and their families), which is the standard also used for the Affidavit of Support (Form I-864) in family-based immigration cases.

Education and Skills

The applicant's education, professional skills, certifications, and licenses are considered as indicators of their ability to obtain and maintain employment.

Affidavit of Support

For family-based immigration cases, the petitioner (and any joint sponsor, if applicable) must file a legally binding Affidavit of Support (Form I-864) demonstrating that they have sufficient income or assets to maintain the intending immigrant at 125 percent of the Federal Poverty Guidelines. A properly executed Affidavit of Support is a heavily weighted positive factor in the public charge analysis. The requirements for the Affidavit of Support are detailed at INA Section 213A and 8 CFR 213a.

Who Is Exempt from the Public Charge Ground?

Several categories of applicants are exempt from the public charge ground of inadmissibility entirely, meaning USCIS does not apply the public charge analysis to their cases:

• Refugees and asylees: Individuals applying for refugee status or asylum, or adjusting status from refugee or asylee status, are exempt from the public charge ground.
• VAWA self-petitioners: Victims of domestic violence who have filed self-petitions under the Violence Against Women Act are exempt.
• T visa holders: Victims of trafficking are exempt.
• U visa holders: Victims of certain qualifying crimes are exempt.
• Special Immigrant Juveniles (SIJS): Children who have been abused, neglected, or abandoned and have obtained SIJS classification are exempt.
• TPS holders adjusting status: Individuals adjusting from Temporary Protected Status are generally exempt.
• Afghan and Iraqi Special Immigrant Visa holders: Certain Afghan and Iraqi nationals who served with U.S. forces are exempt.
• Certain other humanitarian categories: Including NACARA, Haitian Refugee Immigration Fairness Act (HRIFA), and Cuban Adjustment Act beneficiaries.

The Public Charge Bond

In some cases, USCIS may allow an applicant who might otherwise be found inadmissible on public charge grounds to post a public charge bond. Under INA Section 213, a public charge bond is a monetary guarantee that the immigrant will not become a public charge. The minimum bond amount is currently $10,000 as set by USCIS, though the actual amount may be higher depending on the circumstances. The bond is maintained until the immigrant naturalizes, departs the United States permanently, or can demonstrate that they have been self-sufficient. Public charge bonds are relatively uncommon in practice but remain an available tool.

Practical Tips for Applicants Concerned About Public Charge

Based on our experience representing clients in the greater Atlanta area, we offer the following guidance for applicants who are concerned about the public charge ground of inadmissibility:

• Do not withdraw from benefits you are entitled to. Using Medicaid, SNAP, WIC, CHIP, housing assistance, or school lunch programs will not count against you under the current public charge rule. Do not let misinformation cause you to forgo benefits that your family needs.
• Prepare a strong financial case. Gather documentation of your income (pay stubs, tax returns, W-2 forms), assets (bank statements, property valuations), and any support from sponsors. If your income alone does not meet the 125 percent of Federal Poverty Guidelines threshold, consider whether a joint sponsor with adequate income can file an Affidavit of Support on your behalf.
• Address health concerns proactively. If you have a health condition, having health insurance and a treatment plan demonstrates that you are managing your health responsibly and reduces the risk of a negative public charge finding.
• Document your education and employment. Evidence of education, training, certifications, and employment history shows USCIS that you have the skills and ability to support yourself.
• Consult an immigration attorney. The public charge analysis involves a complex weighing of multiple factors, and the outcome can depend heavily on how your case is presented. An experienced attorney can help you identify potential issues and assemble the strongest possible application.

Recent Legal Developments

The public charge rule has been the subject of significant litigation in recent years. The Trump administration's 2019 public charge final rule (84 FR 41292) dramatically expanded the definition of public charge and included Medicaid, SNAP, and housing assistance as negative factors. That rule was challenged in multiple federal courts, subjected to nationwide injunctions, and ultimately vacated. The Biden administration's 2022 final rule restored the more traditional interpretation and has been in effect since December 2022. Applicants should be aware that public charge policy may continue to evolve under future administrations, and working with an attorney who stays current on these developments is essential.

It is also important to note that the public charge ground applies primarily at the admissibility stage (when seeking a green card or admission to the United States). It generally does not apply as a ground of deportability, meaning that lawful permanent residents who receive public benefits after obtaining their green cards are generally not at risk of removal on public charge grounds, with narrow exceptions under INA Section 237(a)(5) for individuals who become a public charge within five years of entry for causes not affirmatively shown to have arisen after entry.

Contact J. Lee & Associates for Public Charge Guidance

If you are applying for a green card or visa and are concerned about the public charge ground of inadmissibility, the immigration team at J. Lee & Associates can help you understand how the rule applies to your specific situation and build the strongest possible case. We serve clients throughout the Norcross, Gwinnett County, and greater Atlanta area, as well as clients across Georgia. Contact J. Lee & Associates at (770) 676-4445 for a free consultation. Our office is located at 1250 Tech Dr, Suite 240, Norcross, GA 30093.