The Public Charge Ground of Inadmissibility is used to determine a foreign national's likelihood of becoming primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.  

Adjustment of Status applicants can be denied if it is found a noncitizen is likely to become primarily dependent on the government for subsistence. USCIS will review the information provided by the applicant on their Form I-485 and make a determination based on evaluation of all factors. 

Who is subject to the Public Charge Ground of Inadmissibility?  

The following categories of Adjustment of Status applicants are subject to the Public Charge Ground of Inadmissibility: 

Family-Based Adjustment of Status Applicants Subject to the Public Charge Ground of Inadmissibility

1. Spouses, children, and parents of U.S. citizens
2. Unmarried sons and daughters of U.S. citizens and their children
3. Spouses, children, and unmarried sons and daughters of LPRs
4. Married sons and daughters of U.S. citizens and their spouses and children
5. Brothers and sisters of U.S. citizens
6. Fiancé(e)s of U.S. citizens
7. Amerasians based on preference category, born on or after December 31, 1950, and before October 22, 1982
8. Spouses, widows, or widowers of U.S. citizens

Employment-Based Adjustment of Status Applicants Subject to the Public Charge Ground of Inadmissibility

1. Priority workers (EB-1)
2. Professionals with advanced degrees or noncitizens of exceptional ability (EB-2)
3. Skilled workers, professionals, and other workers (EB-3)
4. Investors (EB-5)

Special Immigrant Adjustment of Status Applicants Subject to the Public Charge Ground of Inadmissibility

1. Religious workers
2. Certain employees or former employees of the U.S. government abroad
3. Panama Canal Zone employees
4. Foreign medical school graduates
5. Retired employees of international organizations
6. U.S. armed forces personnel
7. International broadcasters

Other Adjustment of Status Applicants Subject to the Public Charge Ground of Inadmissibility

1. Diplomats or high-ranking officials unable to return home (Section 13 of the Act of September 11, 1957)
2. Persons born in the United States under diplomatic status
3. Diversity visa immigrants
4. Certain entrants before Jan. 1, 1982
5. S (Noncitizen witness or informant)

It is important to note that many of those subject to the Public Charge rule are eligible for benefits that would lead to them being considered likely to become a Public Charge. 

What does USCIS consider when determining if an applicant will be a Public Charge?

USCIS will consider factors including: 

• age
• health
• family status
• assets, resources, and financial status
• education
• skills
• current and/or past receipt of public cash assistance for income maintenance (including Supplemental Security Income (SSI), Cash assistance under the Temporary Assistance for Needy Families (TANF) program, or State and local cash assistance programs that provide benefits for income maintenance (often called ‘‘General Assistance'' programs))
• long-term institutionalization at government expense by the applicant. 

What information does USCIS need to make a determination?

The newest version of the Form I-485 includes a new section to evaluate Adjustment of Status applicants based on the factors outlined above. No supporting documentation is required when you submit your Form I-485. However, you should be prepared to submit supporting documentation later on if USCIS requests it. 

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If you believe you may be subject to the Public Charge rule and received public cash assistance for income maintenance or long-term institutionalization at government expense, contact the Law Offices of James D. Eiss to schedule a consultation.