When a Foreign National (“FN”) wants to become a permanent resident of the United States, the U.S. government looks at whether the FN will likely be a “public charge.” If USCIS or the U.S. Consulate decides that the FN will likely be a public charge, they can deny the green card.

What is a public charge?

A “public charge” is a person who is likely to be primarily dependent on the government for subsistence and basic needs, by receiving public cash assistance or long-term institutionalization.

Some examples are Supplemental Social Security Income, Temporary Assistance for Needy Families (TANF), or long-term nursing home care. In general, most FNs in the United States do not qualify for these cash benefits.

What government benefits do not make a person a public charge?

There are many non-cash government benefits that do not make a person a public charge. These include health insurance under the Affordable Care Act, nutrition programs like school lunches or WIC benefits, or COVID-19 benefits.

Do I have to answer “Yes” to being subject to the public charge rule on the I-485 or DS-260 visa application?

The I-485 form asks, “Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)?” Unless you are exempt, (ex: refugee, asylee, etc.), you must check “yes” to this question. Most people will check “yes” to this question, regardless of whether they are applying for EB-3 Unskilled or a Skilled category.

Checking “yes” to this question does not mean that you have been a public charge or are at risk of being a public charge in the future, and checking “yes” will not have a negative impact on your green card application. This question makes many people nervous, because it sounds like you are admitting that you could be a public charge. Don’t worry – by answering “Yes,” you are only stating that the public charge rule applies to you, not that you are/will become a public charge.

If I am not likely to be a public charge, do I have to provide my income, assets and debts on my green card application?

Yes. The new I-485 and DS-260 applications now require you to enter your household income, the value of your assets, the amount of debts you hold, your education level, and any degrees or licenses you have. You also must disclose whether you received public cash benefits or long-term institutionalization. This information is necessary so that the government can evaluate whether you will be a public charge.

Will I be considered a public charge if I don’t have any current income, because I am a student or a temporary visitor?

No, you will likely not be considered a public charge just because you don’t have current income. USCIS will not use any one factor to determine whether you could be a public charge – it will look at the totality of factors, including age, health, family status, income, debts, education, skills, and whether you received public cash benefits in the past.