Latest News on Public Charge
The 2019 public charge rule ended on March 9, 2021, after several federal court ruling and the federal government choosing not to appeal. On March 15, 2021, the Department of Homeland Security officially removed it from federal regulations. The current rule follows a 1999 memo that explains what "public charge" means.
What is Public Charge?
“Public Charge” is a term used by U.S. immigration officials to refer to a person who is considered likely to become ‘‘primarily dependent on the government for subsistence, as demonstrated by either (1) the receipt of public cash assistance for income maintenance or (2) institutionalization for long-term care at government expense.’’ An immigrant who is seen as likely to rely on government assistance may be denied entry to the U.S. or a green card.
It does not apply to humanitarian immigrants like refugees, asylees, survivors of domestic violence and trafficking, special immigrant juveniles, and some individuals paroled allowed into the U.S. A complete list is in 8 CFR §212.23(a) as published at 84 Fed. Reg. 41504. Refugees, asylees, asylum seekers, survivors of trafficking (T visa), domestic violence (VAWA), TPS and SIJS holders, and other serious crimes (U visa) are excluded from “public charge”, as well as people applying for U.S. citizenship.
"What is Public Charge?" Fact Sheets: Available in English(PDF, 127KB), Amharic(PDF, 198KB), Arabic(PDF, 240KB), Burmese(PDF, 229KB), Chinese (simplified)(PDF, 224KB), Dari(PDF, 642KB), Karen(PDF, 115KB), Nepali(PDF, 182KB), Russian(PDF, 219KB), Somali(PDF, 162KB), Spanish(PDF, 170KB), Swahili(PDF, 153KB) and Vietnamese(PDF, 282KB).
Key Resource Websites:
USCIS Public Charge rule information
Protecting Immigrant Families
ORR Exempted Immigrant Groups from the Public Charge rule - U.S. Department of Health & Human Services (PDF)
Public Charge Information - Colorado Department of Human Services