What to Know Wednesday

Public Charge Rule – What It Means for Green Card Applicants

The “public charge” rule has been a source of confusion and concern for many green card applicants. Although the legal landscape has changed in recent years, understanding what still applies—and what does not—is essential for a smooth adjustment of status or consular process.

Here is what you need to know:

1.  The Current Rule Focuses on Government Cash Assistance

As of now, U.S. immigration officials consider whether an applicant is likely to become primarily dependent on public benefits.  However, only specific types of assistance are considered under the current rule, such as:

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• Long-term institutional care paid for by the government

Programs like Medicaid (in most cases), SNAP (food stamps), and housing assistance are not counted against you under the current policy.

2.  Form I-864 Affidavit of Support Is Still Required

Most family-based green card applicants—and some employment-based applicants—must submit 
Form I-864, where a sponsor agrees to financially support the immigrant if needed.
USCIS evaluates:

• The sponsor’s income and assets
• Household size
• Whether the income meets at least 125% of the Federal Poverty Guidelines

A strong Form I-864 helps show that the applicant is unlikely to rely on public assistance.

3.  You May Still Be Asked About Your Financial Situation

Even if the stricter 2019 version of the public charge rule is no longer in effect, USCIS may still review:

• Your work history
• Your health insurance coverage
• Your overall financial resources

This does not mean you must be wealthy—it simply means USCIS may take a broader look at your financial situation to ensure you are not at immediate risk of needing government support.

4.  Certain Immigrants Are Exempt from the Rule

The public charge ground of inadmissibility does not apply to:

• Refugees and asylees
• Violence Against Women Act (VAWA) self-petitioners
• Special Immigrant Juveniles
• U and T visa holders applying for adjustment

If you are applying under one of these categories, you are not required to file Form I-864 and are not subject to public charge assessment.

Be Informed — Not Intimidated

The public charge rule can sound intimidating, but for most applicants, it is manageable with the right planning and documentation.  The key is to understand what is evaluated and to prepare your application thoroughly.

At the Law Office of Julia L. Stommes, we stay current on all immigration policy changes and help clients avoid unnecessary setbacks during the green card process.
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📩 For case-specific advice, contact us at [email protected]

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].