Public Benefits & Economic Stability > Public Charge

Topic: Public Charge

Materials regarding public charge.

[pdf] DHS Public Charge Ground of Inadmissibility – Final Rule (September 9, 2022) (+)

This Federal Register publication (87 Fed. Reg. 55472 September 9, 2022) contains the final public charge rule and its regulatory history. This public charge rule was issued by the U.S. Department of Homeland Security (DHS) and provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The rule restores the historical understanding of a ‘public charge’ that had been in place for decades confirming that receipt of public health benefits such as Medicaid and nutritional assistance are not part of the public charge inadmissibility determination.

Under this rule, as under the 1999 Interim Field Guidance that was in place for most of the past two decades, a noncitizen would be considered likely to become a public charge if DHS determines that they are likely to become primarily dependent on the government for subsistence. This determination will be based on:
• The noncitizen’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
• The filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on a noncitizen’s behalf when one is required; and
• The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.

DHS will not consider in public charge determinations benefits received by family members other than the applicant. DHS will also not consider receipt of certain non-cash benefits for which noncitizens may be eligible. These benefits include: Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.

Published September 9, 2022 by ,

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[pdf] DHS Publishes Fair and Humane Public Charge Rule (September 8, 2022) (+)

Press release on the 2022 final public charge rule issued by USCIS. The U.S. Department of Homeland Security (DHS) has issued a final public charge rule that provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The rule restores the historical understanding of a ‘public charge’ that had been in place for decades confirming that receipt of public health benefits such as Medicaid and nutritional assistance are not part of the public charge inadmissibility determination.

Under this rule, as under the 1999 Interim Field Guidance that was in place for most of the past two decades, a noncitizen would be considered likely to become a public charge if DHS determines that they are likely to become primarily dependent on the government for subsistence. This determination will be based on:
• The noncitizen’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
• The filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on a noncitizen’s behalf when one is required; and
• The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.

DHS will not consider in public charge determinations benefits received by family members other than the applicant. DHS will also not consider receipt of certain non-cash benefits for which noncitizens may be eligible. These benefits include: Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.

Published September 8, 2022 by

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[pdf] The Impact of Transitional Housing on Public Charge (October 12, 2020) (+)

This publication discusses why immigrant victims’ access to transitional housing and emergency shelter do not create issues with the public charge ground of inadmissibility. It discusses the definition of public charge, the types of programs and services that fall within the “public benefits” definition under the 2020 public charge rule and federal statutes, and how transitional housing does not fall within the definition of public benefits. It is crucial that victim advocates, attorneys, police, prosecutors, courts and other service providers working with immigrant victims are able to accurately identify who may be affected by the 2020 public charge rule and which public benefits are included in the 2020 regulation’s definition of public charge.

Published October 12, 2020 by

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[pdf] Immigrant Crime Victims and Public Charge: Post-VAWA 2013 (August 19, 2019) (+)

Information regarding immigrant crime victims and public charge in light of the VAWA 2013 statutory amendments. This article discusses how VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation, battered spouse waiver, U visa and T visa applicants are exempt from the public charge ground of inadmissibility.

Published August 14, 2019 by

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*Public Charge and Deeming Rule Exemptions for Immigrant Survivors and Their Children Eligible: New Rule Published (September 2022)

Public Charge The public charge ground of inadmissibility refers to the barring of a foreign national from obtaining lawful permanent resident status if he or she is likely to become a public charge (primarily dependent on government subsistence). Under the new rule, USCIS will review: Your age, health, family status, financial status (including assets and […]

Published June 28, 2017

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[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)

Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options

Published March 15, 2017 by

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[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)

This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.

Published December 31, 2021 by ,

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[pdf] USCIS Public Charge Fact Sheet (May 25, 1999) (+)

This fact sheet issued by the U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, clarifies regulations published in the Federal Register on May 26, 1999, regarding “the circumstances under which a non-citizen can receive public benefits without becoming a “public charge” for purposes of admission into the United States, adjustment of status to legal permanent resident, and deportation.”

Published May 25, 1999 by

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[pdf] Field Guidance on Deportability and Inadmissibility on Public Charge (March 26, 1999) (+)

The Department of Justice is publishing a proposed rule in this issue of the Federal Register which proposes to establish clear standards governing a determination that an alien is inadmissible or ineligible to adjust status, or has become deportable, on public charge grounds. Before the proposed rule becomes final, the Immigration and Naturalization Service is publishing its field guidance on public charge issues as an attachment to this notice. This will help alleviate public confusion over the meaning of the term “public charge” in immigration law and its relationship to the receipt of Federal, State, and local public benefits. This field guidance will provide aliens with better guidance as to the types of public benefits that will and will not be considered in public charge determination.

Published March 26, 1999 by

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