Public Charge: Frequently Asked Questions for Immigration Advocates

This FAQ is for general information only. This document is intended for advocates, immigration attorneys, service providers, and others who assist immigrant communities. It is not legal advice, and it can’t tell you how the rule applies to a specific situation. The answers below are our best interpretation of the policy, not a guarantee of how any specific case will be decided. People with questions about their own case or situation should consult a trusted immigration attorney or advocate.

Advocates should always determine: 1) whether an individual is subject to public charge; 2) whether the benefit is both public and means-tested; 3) who received the benefit (the applicant or someone else); and 4) whether timing matters, including when the benefit was received and when the green card application was/will be filed.

A green card application is filed on the Form I-485, Application to Register Permanent Residence or Adjust Status. Family members who are petitioning (or filing) for their relatives must also file the Form I-130, Petition for Alien Relative. This FAQ will use the term “green card application” and “petition” for ease of reference to refer to those forms.

Public Charge Basics and Scope

1. Does the DHS public charge rule apply to Department of State (DOS) decisions for people seeking a green card or finishing their green card process outside the United States?
   No, the 2026 public charge rule only applies to certain green card applications processed in the United States. DOS has separate policies for applications processed at foreign consulates. NILC is part of litigation regarding public charge-justified restrictions for visa processing. For more information, see https://www.nilc.org/litigation/clinic-v-rubio/.

2. Which green card applications are subject to public charge? Can someone change what kind of green card they are applying for?
   Click here for a comprehensive list of who public charge applies to. If someone wants to re-file a green card, they must have another basis or pathway and should seek advice from a trusted immigration attorney.
3. Does public charge apply to someone with a green card who is applying for citizenship?
   No, public charge does not apply to people who have received a green card. There is no public charge test for citizenship applicants.
4. Does public charge apply when someone requests removing conditions on their green card (extending a marriage-based green card after two years)?
   No, the public charge test does not apply when someone requests to remove conditions on their green card.