Immigrants & Immigration

Public charge is a legal term in immigration law. If the government decides a person is likely to become a public charge in the future, they would be considered inadmissible. This means they cannot enter the US, get a visa, or get LPR status, unless an exception or waiver applies. Certain people who already have green cards could also be considered a public charge and prevented from re-entering the US after a trip abroad.

There is no specific checklist of actions or characteristics that make someone a public charge. Immigration officers must consider five factors about a person’s circumstances, including their:

• Age,
• Health,
• Family status,
• Assets, resources, and financial status, and
• Education and skills.

There is no single factor that decides a case by itself. Officers must look at all five factors and decide whether they are likely to become a public charge in the future. This is often called a “totality of circumstances” test or analysis.

Public charge applies to almost anyone applying for:

• A visa to come to the US,
• Admission at the border, and
• LPR status.

If a person is not trying to enter the US from abroad, applying for a visa, or applying for a green card, then the US government will not be looking at them for public charge.

Note: There are many applicants that are exempt from the public charge test.

There are many categories of people applying for immigration status or entrance into the US, where public charge does not apply. Some examples of people exempt from public charge are:

• Asylum applicants, asylees, and refugees, 
• Applicants for Temporary Protected Status (TPS),
• Self-petitioners under the Violence Against Women Act (VAWA),
• U visa applicants, and
• Special immigrant juveniles.

This is not a complete list of who is exempt from the public charge ground of inadmissibility. If someone is exempt, USCIS does not evaluate public charge for their application at all.

Most of the time, a green card holder who travels abroad and comes back is not treated as someone newly “applying for admission.” So, they are not tested again for public charge when they return to the US. There are certain situations where LPRs are treated like they are applying for admission, and therefore the public charge rule will apply to them. The public charge test can be applied when an LPR:

• Has been outside the US for more than 180 days in a row,
• Abandoned or given up their LPR status,
• Has engaged in illegal activity after leaving the US,
• Left the US while in removal (deportation) proceedings,
• Committed certain crimes, or
• Is trying to enter without proper documents.

An ordinary green card holder who takes a short trip outside of the US is not affected by public charge.

If a person is inside the US, and is applying for a green card or another immigration benefit, US Citizenship and Immigration Services (USCIS) will apply the public charge test while they are processing someone’s case.

If a person is at the border and seeking admission, including certain green card holders, US Customs and Border Protection (CBP) will determine if someone is likely to become a public charge. 

If a person is applying for a visa and is physically outside of the US, the US Department of State (DOS) will apply the public charge rule. 

A new US Department of Homeland Security (DHS) rule that takes effect on September 18, 2026 only applies to USCIS and CBP, not DOS. 

The new DHS public charge rule addresses how receiving public benefits might make a person likely to be a public charge in the future. This rule takes effect on September 18, 2026. The rule doesn’t change the law that requires officers to look at the totality of the circumstances, and the five factors listed above. It only clarifies how receiving public benefits fits into the resources and financial status part of the test. These changes only apply to certain people who are applying for benefits or seeking admission through USCIS or CBP.

USCIS also issued new guidance about this new rule, which applies only to people applying for green cards at USCIS. Before, USCIS would only consider the receipt of two public benefits as a potential negative factor under the totality of the circumstances analysis:

• Cash assistance for income support, and
• Long-term institutional care paid for by the government.

The new 2026 rule and USCIS guidance now say that officers can consider receipt of any means-tested public benefit, as a potential negative factor in determining public charge. The new rule only counts benefits received on or after September 18, 2026. Benefits received before September 18, 2026, are still judged under the older, narrower standard.

Note: As of the writing of this article, CBP has not issued guidance about how they will be treating applicants for admission, including green card holders, at the border.

Means-tested benefits are public benefit programs that are only available to people with low income or few assets. Examples of common means-tested public benefits are Supplemental Nutrition Assistance Program (SNAP) and regular (non-emergency) Medicaid. Benefits earned through work, like unemployment, Medicare, or Social Security, are not means-tested benefits.

The new rule does not distinguish between federal- and state-funded means-tested programs. This means that USCIS may consider a person’s receipt of state-only funded benefits, like Health Benefits for Immigrant Seniors, in deciding if they are likely to become a public charge. 

The means-tested benefit must be funded by the government to count for public charge. Accessing privately-funded charity services, like food pantries, would not count for public charge.

Not by itself. Officers must look at all five factors in the totality of the circumstances test. Having received, or receiving public benefits should not be enough on its own to deny a case. Even if someone has never received public benefits, it’s still possible they would be considered a public charge.

When weighing past or current benefit use, USCIS looks at how much was received, how recently, for how long, and why (for example, a temporary job loss or a pregnancy), and whether the underlying reason is likely to continue. USCIS's own published examples show people who received benefits like WIC during pregnancy, or a short period of cash assistance years earlier, were still found not likely to become a public charge once their full situation was considered.

Yes. Under the new USCIS guidance, a green card applicant might be considered likely to become a public charge if a family member is receiving public benefits. This applies when an applicant is legally required to support the family member, and the family member qualifies for benefits because the applicant’s income and assets are low. The most common example is when a child receives mean-tested benefits, based on their non-citizen parent’s income and assets. Here, the family member’s benefit receipt will count against the applicant. The benefit is not treated as the applicant "receiving" it, but it counts as evidence of the applicant's own financial resources. USCIS will look at this, and the other five factors to determine whether the applicant is likely to become a public charge.

Not automatically, and this decision should not be made alone. Stopping benefits may not change the outcome of an immigration case. Giving up benefits a person or their family relies on for health, food, or housing can cause real harm. Public charge decisions are based on someone's whole situation, not one fact in isolation.

Anyone who is currently receiving, or considering applying for, a public benefit, and who also plans to apply for a green card, should talk with a qualified immigration attorney or a Department of Justice (DOJ) recognized legal service provider about their specific situation before deciding to stop receiving a benefit. Illinois residents can search for free or low-cost legal help through ILAO's Get Legal Help tool.

This is a brand-new rule that could face legal challenges. Everyone's immigration history and benefit history is different. Anyone with questions about their own situation should talk to an immigration attorney or a DOJ-recognized legal service provider. The Protecting Immigrant Families coalition website has up-to-date information on public charge for non-citizens. Illinois residents can use ILAO's Get Legal Help tool to search for free and low-cost legal help near them.