• October 4, 2019

Who does the rule apply to?

Who does the rule apply to?

Who does the rule apply to? 150 150 Office of Immigrant Affairs

Immigration officials apply the “public charge” test only to certain categories of individuals applying for visas or green cards. For example, the public charge test applies to family-based visa applicants and most employment, tourist, and education-based visa holders.

Who is excluded from the rule?

Green Card Holders

The public charge test does not apply to green card holders applying for naturalized citizenship.

It also does not apply to most green card holders seeking reentry into the U.S., unless they leave the country for more than 6 months or have certain criminal convictions.

Other Exceptions

In addition to green card holders, there are many categories of noncitizens to whom the “public charge” test does not apply, including:

Refugees

Asylees

Violence Against Women Act (VAWA) self-petitioners

U-visa and T-visa

Special immigrant juveniles

Temporary Protected Status

Other categories of noncitizens (e.g., DACA)

 

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