PUBLIC CHARGE

What is Public Charge?

“Public charge” means that an individual is likely to become primarily dependent on the government for support. If immigration officials decide someone is likely to become a public charge, they can deny someone trying to enter the U.S. or trying to get a green card (lawful permanent resident status).

How is public charge determined?

In a “public charge test,” officials look at all of a person’s circumstances, including age, income, employment, health, education or skills, family situation, and whether a sponsor signed a contract (“affidavit of support”) promising to support the person. Officials can determine whether a person is a public charge based on whether they have used certain public benefit programs.

2026 Rule

The Trump Administration ended the 2022 Rule established by the Biden Administration. Starting September 18th, 2026, the U.S. Citizenship and Immigration Services (USCIS) has established a 152-page rule that changes protections and guardrails that helped families understand the public charge test, and allows officials to use their own discretion with non-binding guidelines to follow. If eligible, immigrants can access important health, nutrition, and housing benefits, but the Immigrant Coalition of RI cautions that they speak with an attorney before enrolling, as there may be some negative consequences to their immigration status.

There is currently no list of benefits immigration officers can/cannot consider in a public charge determination. USCIS will issue guidance on or before September 18th on which benefits may or may not be considered. Benefits will still be considered as part of a “totality of circumstances” with other factors. Three types of benefits officers should not consider, as stated in the preamble (which is not bound by law and subject to change), are: