Public charge is a long‑standing concept in U.S. immigration law that allows the government to deny certain applications—such as green card (lawful permanent residence) applications—if an officer concludes the applicant is likely to become primarily dependent on government assistance in the future. Over the past several years, the public charge framework has changed multiple times, moving from a narrower interpretation to a stricter rule and then back again, and new policy proposals now suggest that the government may once more expand what it looks at when deciding whether someone might rely on public benefits. For individuals applying for a green card within the United States, understanding how public charge works and how evolving rules may affect the treatment of benefits, health conditions, and financial circumstances is increasingly important when deciding whether, and when, to file.
Under section 212(a)(4) of the Immigration and Nationality Act (INA), a person is inadmissible if, “at any time,” they are likely to become a public charge after admission or adjustment of status. The concept focuses on future likelihood of primary dependence on government support, typically through cash assistance for income maintenance or government‑funded long‑term institutional care.
By statute, officers must consider at least the applicant’s age, health, family status, financial resources, and education and skills, in the “totality of the circumstances.” No single factor is supposed to be automatically determinative, but negative or positive factors can carry different weight depending on the overall profile.
In 2019–2020, the Trump administration issued a much stricter public charge rule for USCIS, which expanded the types of benefits considered and required most adjustment‑of‑status applicants to file Form I‑944, Declaration of Self‑Sufficiency, with extensive information on income, assets, debts, education, language, and credit history. That 2019 USCIS rule and Form I‑944 requirement were later terminated, and USCIS formally returned in 2021 to a narrower, pre‑Trump interpretation focused on cash assistance and long‑term institutionalized care.
In 2022, the Department of Homeland Security (DHS) issued a “2022 Final Rule” that codified this narrower approach, expressly stating that use of non‑cash benefits such as Medicaid (with limited exceptions) and Supplemental Nutrition Assistance Program (SNAP) would not be counted as public charge benefits for USCIS purposes. However, more recent regulatory activity indicates DHS is reconsidering that framework and may again broaden the benefits and circumstances that can be weighed in public charge determinations.
Historically, the stricter 2019 rule treated the receipt of certain non‑cash benefits, including SNAP, as a heavily weighted negative factor in the public charge analysis, though it did not make benefit use an automatic bar. The 2022 rule moved in the opposite direction and limited the definition of “public charge” to cash assistance and government‑funded long‑term institutional care, excluding SNAP and most non‑cash health and nutrition programs from consideration by USCIS.
Current policy discussions and proposed changes reported in late 2025 indicate that DHS is considering discarding the narrow 2022 definitions and allowing officers to consider “any type of public benefits,” potentially including programs such as Medicaid, CHIP, and SNAP. If finalized and implemented, such a shift would give adjudicators broader discretion to treat past or expected use of a wide range of benefits as negative factors in adjustment‑of‑status cases, even though each case would still require a totality‑of‑the‑circumstances evaluation rather than an automatic denial.
Health has always been one of the statutory public charge factors, but it is evaluated through the lens of whether a condition is likely to create significant future dependence on government‑funded care, especially long‑term institutionalization. Under guidance aligned with the 2022 rule, use of regular health coverage, preventive care, or routine treatment (including for chronic conditions) generally has not, by itself, triggered a public charge finding, particularly when the applicant has a credible plan to pay for care.
If future rules move away from the narrow “primary dependence” standard and permit consideration of a wider array of health‑related support, officers may place greater emphasis on chronic conditions that could lead to long‑term, publicly funded care, especially where the applicant lacks private insurance, employment prospects, or family financial support. Conditions such as advanced diabetes, severe obesity‑related complications, or other illnesses that are expected to require expensive, ongoing treatment might be viewed as negative factors when combined with limited income, limited assets, and limited work history, though they would still be weighed together with all other circumstances rather than treated as automatic bars.
During Trump’s first term, USCIS’s now‑terminated 2019 public charge rule required Form I‑944, which collected detailed information on an applicant’s employment history, occupation, education, job skills, language ability, credit score, liabilities, and household income and assets. That framework effectively expanded the range of data USCIS used to assess self‑sufficiency and created more structured “heavily weighted” positive and negative factors tied to income level and work history.
Although Form I‑944 is no longer in use, the underlying statutory factors of education, skills, and financial resources remain central to public charge analysis, and current regulatory proposals suggest that officers may again receive wider discretion to examine a broad array of financial and employment‑related information when deciding whether a person is likely to rely on public benefits. For applicants, this underscores the importance of clearly documenting employment history, job offers, language skills, education, and any financial support from sponsors or family members as part of a well‑prepared adjustment filing.
Public charge determinations are explicitly forward‑looking and must be tied to the applicant’s present circumstances rather than speculative “what if” scenarios. Officers are expected to assess whether, considering the applicant’s age, health, household size, income, assets, education, and support from a sponsor, it is likely—not merely possible—that the person will become primarily dependent on government support after becoming a permanent resident.
If a future rule authorizes officers to consider a broader range of public benefits and gives them more discretion in weighing non‑cash assistance, there is a greater risk that applicants with limited income, unstable employment, significant medical needs, or prior benefit use could face additional scrutiny and, in some cases, denials based on a predicted likelihood of future reliance on government programs. As a result, documenting strong compensating factors—such as stable work, a reliable sponsor, savings, or private insurance—may become even more important to offset potential concerns.
Because public charge rules have changed several times in recent years and are again the subject of new regulatory initiatives, the framework that applies to a green card application can depend on when the application is filed and adjudicated. Filing while a narrower, more concrete rule is in place may provide more predictability than waiting for new rules that could broaden officer discretion and expand the types of benefits and personal factors considered in the public charge analysis.
If you’re considering applying for a green card, you can schedule a consultation with me, so I can review your specific situation, including any past or current use of public benefits, health conditions, income, financial situation, and overall qualifications. Individual legal advice is essential, both to determine eligibility and to develop a strategy for documenting financial stability and minimizing the chances of being considered a public charge in a rapidly changing policy environment.
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