Public Charge Rule

Public Charge Overview

Public charge is a test immigration officials use to determine whether a noncitizen will be dependent on the government for support. Immigration officials make this determination when a person applies to enter the U.S. or to adjust to legal permanent resident (green card) status. Public charge most commonly applies to people applying for a green card through a family member. Many immigrants are exempt from the public charge test.

Under the 2022 public charge rules now in effect, benefits and services used by family members are not considered in an immigrant’s public charge test. However, some immigrants may be considered a public charge based on the following:

  1. Use of government cash assistance for income maintenance
  2. Institutionalization for long-term care at government expense.
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Proposed Changes to the Public Charge Rule

The Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) on public charge on November 19, 2025, proposing major changes to the public charge rule for persons applying for permanent residence in the U.S. These proposed changes have NOT yet taken effect. If implemented, these changes could allow immigration officials to consider:

  • Use of other benefits programs than those described above
  • Past benefits use
  • Benefits received by children or other household members.

Different Rules Apply Abroad
People applying for visas or permanent residence from outside the U.S. may already be impacted by November 2025 guidance from the Department of State, which instructs officers to deny visas to applicants who cannot affirmatively demonstrate they will not become a public charge “at any time” after admission.

Many Immigrants Are NOT Impacted by Public Charge

Public charge does not apply to everyone. It mainly applies to people seeking permanent residence through a family member, and to people outside the U.S. applying for visas or seeking to enter the U.S. on a visa. Many immigrants are not subject to the public charge test and will not be affected, even if the proposed DHS public charge rule is goes into affect.

Immigrants exempt from public charge include:

  • Refugees and asylees
  • Violence Against Women Act (VAWA) self-petitioners
  • Special Immigrant Juvenile Status (SIJS), U Visa (crime victim) and T Visa (human trafficking) applicants and beneficiaries
  • Legal permanent residents renewing their green card or applying for naturalization
  • Naturalized U.S. citizens

 

Resources for Households Concerned about Use of Benefits

The Los Angeles County Office of Immigrant Affairs (OIA) encourages individuals who have concerns about how public benefits use may affect their case to seek advice from a licensed attorney or federally accredited representative.

OIA can help connect individuals with authorized legal service providers for advice. To get help, call 800-593-8222.

Concerned families deciding whether to enroll in or leave public benefits programs can contact the Benefits Access for Immigrants Los Angeles (BAILA) Network for assistance.

Updated 2.20.26

This information does not constitute legal advice. If you have questions about your particular situation, we recommend that you consult an immigration attorney or federally accredited representative. Visit our page about avoiding Immigration Fraud and Finding the Right Help for information about local free or low-cost legal assistance. If you have additional questions about the public charge rule and accessing public benefits, please contact our Office of Immigrant Affairs at 800-593-8222.