Public Charge
Public charge is a ground of inadmissibility in US immigration law. An officer can deny a green card or visa if they decide the applicant is likely to become primarily dependent on the government for support.
How it works
Officers look at the "totality of circumstances," including age, health, family status, assets and income, education and skills, and the sponsor's affidavit of support where one is required.
2026 change: a new rule took effect on September 18, 2026. It rescinds the 2022 rule and returns to a broader totality-of-circumstances review. Details of which benefits count may differ from past rules, so check the Federal Register notice and talk to a lawyer if you or your family use public benefits.
Public charge generally does not apply to refugees, asylees, and some other humanitarian groups, or to citizenship applications. See our public charge guide and 2026 rule status.
Frequently asked questions
Does public charge apply to naturalization?
No. The public charge test applies to visas and green cards, not to citizenship applications.
Will my US citizen children's benefits count against me?
Rules on family members' benefits have changed over time. Check the 2026 rule and get legal advice.
Is the affidavit of support part of public charge?
Yes. A sufficient I-864 is part of the review for most family cases.
Official sources
- Federal Register: Public charge ground of inadmissibility (2026)federalregister.gov
- USCIS: Public chargeuscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.