The government uses the “public charge” test in some green card applications. An immigration officer may deny an application if they think the person is likely to mostly rely on the government for support in the future.
The public charge test does not apply to everyone. If it applies to you, the government will consider your entire situation. One thing alone should not automatically make you a public charge. The test does not apply if you already have a green card or are applying for citizenship. Find the category below that matches your situation.
I already have my green card
Examples:
- I am applying for citizenship
- I am applying for derivative citizenship
- I am applying to renew my green card
Public charge does NOT apply.
If you have a green card and leave the U.S. for more than 180 days, public charge may apply when you try to return. Talk to an immigration lawyer before leaving.
I am applying for a green card
Examples:
- My spouse filed for me
- My parent or adult child filed for me
- My sibling filed for me
You may face a public charge test that looks at your entire situation. This does not mean you will be denied automatically.
I am applying for a green card through a job
Examples:
- My employer sponsored me
- I am applying through my job
- I am applying through an investor visa
You may face a public charge test that looks at your entire situation. This does not mean you will be denied automatically.
If you are not sure of your situation, talk to a trusted immigration legal services provider. They can help determine whether the public charge test applies to you.
Can I still use Public Benefits
IMPORTANT: Public charge and public benefits are not the same thing. Getting or applying for benefits can help you and your family stay healthy and meet your needs. This can help your situation. Many immigrants who receive public benefits are not subject to public charge.
Before you stop using benefits
Do not stop using benefits without getting legal advice. The public charge test may not apply to you. Not all benefits count in the public charge test.
If you need legal help, here are some resources:
- Low-cost immigration legal help: www.immigrationlawhelp.org.
- Find immigration legal help near you: https://www.immi.org/en/Info/FindLegalHelp.
- Find an immigration lawyer on the American Immigration Lawyers Association’s online directory: www.ailalawyer.com.
- Find a lawyer through the National Immigration Project: https://nipnlg.org/work/find-attorney.
- Learn more about keeping your benefits: www.keepyourbenefits.org.
Get advice from a trusted lawyer or legal services provider.
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