“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
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.
FAQs & Explainers
Resources
Publication Date
02/22/2024
Many undocumented immigrants are now eligible for Medi-Cal. Starting January 1, 2024, full-scope Medi-Cal is available to all income-eligible Californians, regardless of immigration status or age.
This bilingual, two-sided flyer is meant to provide a quick overview of eligibility and key notes regarding the healthcare benefit. Included are also links for identifying registration directories as well as a national directory for free or low-cost immigration legal services.
This bilingual, two-sided flyer is meant to provide a quick overview of eligibility and key notes regarding the healthcare benefit. Included are also links for identifying registration directories as well as a national directory for free or low-cost immigration legal services.
Resources
Resources
Publication Date
02/21/2024
In California, there are several state and local programs that help California families, including immigrants, meet their basic needs. These programs often play an important role by extending benefits to immigrants who are not eligible for federal benefit programs. This resource gives an overview of some of the public benefits that are available to immigrants in California to access education, healthcare, food assistance, and other important necessities.
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
Webinar
Webinar
Webinar
Webinar
Level: IntermediateThis webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of the proposed legalization bills are enacted.
Webinar
Webinar
The Biden administration announced a new public charge rule on September 9, 2022, set to go into effect at the end of this year. Join us to learn more about what the new rule says and the main takeaways for advising clients. We will compare the new rule to existing guidance, highlight differences, and discuss advising clients and their families on the use of public benefits. This FREE webinar is specifically geared towards legal practitioners.