Public Charge Applicability Table for Advocates

Who is Subject to Public Charge?

This resource is designed to help advocates quickly identify whether public charge inadmissibility applies to an individual. Many green card applicants are exempt from public charge review by law. If public charge applies, that does not mean the application will be denied. It means immigration officers consider public charge as part of the application review. The charts identify the categories of green card applicants generally subject to public charge and categories that are excluded or exempt. These charts only reflect whether public charge inadmissibility may apply, not whether someone is eligible for public benefits or whether their benefits use will be considered. This resource is for informational purposes only and should not be considered legal advice.

NOTE: The removal of the exemption list in the 2026 Final Rule does not eliminate or change the existing statutory exemptions. The August 2026 USCIS guidance on public charge includes a list of exemptions; the only category removed from the chart of categories subject to public charge was “People born in the U.S. to foreign diplomatic parents.”