What is the public charge rule and how does it affect my visa or green card application?

The 'public charge' ground of inadmissibility is a provision in U.S. immigration law that allows officials to deny a visa or green card to an applicant who is considered likely to become primarily dependent on the government for subsistence. Under current USCIS guidance, an individual is considered likely to become a public charge if they are '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.

When applying for a green card or visa, officials consider factors such as the applicant's age, health, family status, assets, resources, financial status, education, and skills. They also review the Form I-864, Affidavit of Support, which is a contract where the sponsor promises to provide financial support to the intending immigrant. If the sponsor’s income meets the federal poverty guidelines, this significantly mitigates public charge concerns. It is important to note that the receipt of most non-cash benefits, such as SNAP (food stamps), public housing, or Medicaid (with limited exceptions), does not generally make an individual a public charge. You should review the specific USCIS policy manual to understand which specific programs are considered in the totality of the circumstances analysis.