“Public charge” is a ground of inadmissibility. Grounds of inadmissibility are reasons that a person could be denied a green card, visa, or admission into the United States. In deciding whether to grant some applicants a green card or a visa, an immigration officer must decide whether that person is likely to become dependent on certain government benefits in the future, which would make them a “public charge.” It is not a test that applies to everyone, not even to all those applying for green cards.
The Immigrant Legal Resource Center (ILRC) provides trainings and technical assistance on public charge, produces numerous practice advisories, toolkits, and other resources, and authors a comprehensive manual, Public Charge and Immigration Law.
Latest Resources
FAQs & Explainers
Resources
Publication Date
02/18/2025
In its first month, the Trump administration has issued dozens of executive orders (EO) that seek to limit access to the immigration system, target foreign nationals for political gain and sow chaos and fear among immigrant and advocate communities. This explainer focuses on aspects of the EOs that target immigration benefits, processing and adjudication.
Practice Advisory
Resources
Publication Date
02/19/2025
This practice advisory outlines the process for researching and commenting on federal forms. A previous advisory covers the process specific to commenting on regulations, which has many parallels to the forms comment process. Federal forms and their comment process are often overlooked by advocates, even those who regularly follow changes in regulations and comment on them. However, form changes can be significant and sometimes can be used to change policy by agencies. The statute regulating forms is the Paperwork Reduction Act (PRA).
FAQs & Explainers
Resources
Given the previous Trump administration’s use of public charge as a means to limit access to immigration benefits, many may be facing renewed anxiety about public charge. This resource aims to provide advocates and community members with an understanding of what public charge changes are—and are not—possible under a second Trump administration, including timing of any possible changes and recommendations for community members.
Public Comments / Sign-on Letters
Resources
Publication Date
07/08/2024
FAQs & Explainers
Resources
Publication Date
03/04/2024
This Community Explainer details what Public Charge is, who it does and does not impact, and what immigrants should know when considering certain public benefits and their family’s immigration circumstances.
FAQs & Explainers
Resources
Publication Date
01/09/2024
This Community Alert provides an overview of new eligibility changes for full-scope Medi-Cal for income-eligible Californians, regardless of immigration status. Available for download in English and Spanish.
Public Comments / Sign-on Letters
Resources
Publication Date
11/07/2023
ILRC led a sign-on effort to provide comment to USCIS on the proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment, submitted November 7, 2023, received over 120 signatures and requested that the agency revise the form for efficiency and to remove barriers to eligible applicants.
Public Comments / Sign-on Letters
Resources
Publication Date
11/07/2023
On November 7, 2023, the ILRC submitted this comment on USCIS’s proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment provides detailed suggestions for alterations to the proposed form as well as suggested language the agency should include. ILRC urged the agency to revise the form to reduce barriers to permanent residence for applicants and adjudicators and to focus on ensuring that the form is accessible for pro se applicants.
Public Comments / Sign-on Letters
Resources
Publication Date
08/07/2023
On August 7, 2023, the ILRC provided a comment to a recent USCIS Policy Manual update seeking to clarify who is subject to the public charge ground of inadmissibility. In the comment, ILRC provided suggested language for both the Policy Manual and the Form I-485 that would help to further lessen confusion that practitioners and applicants are facing in this area. ILRC also recommended changes to the USCIS web site for Form I-485 to ensure that information is consistent and accurate for applicants.
FAQs & Explainers
Resources
Publication Date
05/08/2023
This practice advisory addresses FAQs related to current public charge policy including definitions and applicability of the new 2022 rule, use of benefits and other government programs, exemptions, affidavit of support and sponsor questions, and bond.
FAQs & Explainers
Resources
Publication Date
03/01/2023
On December 23, 2022, a new rule on public charge went into effect. The new rule reinforces longstanding policies on public charge that ensure families can access health and nutrition programs and many other benefits without fear. Not all immigrants need to worry about public charge since many are not affected and can receive any public benefit they are eligible for without consequences. This downloadable guide offers more information about whether public charge affects you or your family.
Public Charge Safe to Use List
This resource lists some of the most common public benefits programs that do not count for public charge, no matter your immigration status.
Related Products
Publication
Publication
While public charge has been a part of our immigration laws for more than a hundred years, changes including actions taken by the Trump and Biden administrations brought renewed attention to public charge law. The Trump-era changes to public charge are no longer in effect, however immigrant families and communities continue to fear public charge repercussions when they access public benefits.
Webinar
Webinar
Date and Time: 02/02/2023 11:00am to 12:30pm PST
Recorded Date: 02/02/2023
Place: Online
Registration Deadline: Thursday, February 2, 2023 - 11:00am
Presenter: Erin Quinn Ariel Brown
MCLE: 1.5 CA & TX
Recorded Date: 02/02/2023
Place: Online
Registration Deadline: Thursday, February 2, 2023 - 11:00am
Presenter: Erin Quinn Ariel Brown
MCLE: 1.5 CA & TX
Publication
Publication
Families & Immigration: A Practical Guide is an essential tool for practitioners who assist in all aspects of family-sponsored immigration. This resource is designed for everyday practice by new and seasoned immigration attorneys, immigration paralegals, community-based organizations, and family immigration advocates.
Video
Video
During this webinar, we provided an update on public charge policies after the new inadmissibility rule from Department of Homeland Security (DHS) took effect and the new inadmissibility rule from Department of State was implemented. We discussed the various policies impacting immigrants and their families’ access to health care and other programs and took a closer look at the new DHS and DOS rules and who they affect. This webinar was designed for those conducting outreach and providing information to immigrants in a non-legal capacity.
Video
Video
Bewildered by the many policy changes and litigation efforts surrounding public charge? Unsure if you’re prepared to counsel and advise clients on how public charge could impact their ability to get a family-based green card or visa to enter the United States? Join us as we discuss the challenges our immigrant clients are currently facing around public benefits and immigration status, and strategies to help clients overcome public charge concerns at various administrative agencies. This webinar will review the latest developments in public charge policy and regulations under the Trump administration. We will cover the public charge grounds of inadmissibility and deportability in detail, offering tools to evaluate your clients’ cases and prepare strong cases on their behalf.
Video
Video
During the COVID-19 pandemic, with shelter-in-place orders and social distancing protocols, it has become more difficult to reach the immigrant community to share information about immigration policies and access to resources. At the same time, given the economic devastation of COVID-19 for many immigrant families, it has never been more important to talk about what supportive services immigrants can obtain and how accessing services may or may not impact immigration legal opportunities in the United States.