Public Charge

On December 23, 2022, the Department of Homeland Security’s (DHS) Public Charge Ground of Inadmissibility final rule will go into effect. This final rule, which was previously announced, provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility.

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U.S. Citizenship and Immigration Services (USCIS) announced a final rule on the public charge ground of inadmissibility. When you apply to be admitted into the United States or become a lawful permanent resident, USCIS can deny your application if it determines that you are “likely to become a public charge”—meaning you depend primarily on the government to support yourself. The final rule sets out how USCIS will make this determination.
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The U.S. Department of Homeland Security (DHS) has announced a final rule on the public charge ground of inadmissibility that will help reduce fear and confusion among immigrants and U.S. citizens and ensure fair and consistent adjudications for those seeking admission at ports of entry or adjustment of status to lawful permanent resident inside the United States.

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U.S. Citizenship and Immigration Services has updated our public charge resources webpage with more information to help reduce undue fear and confusion among immigrants and their families, including U.S. citizens and their children, that may prevent them from obtaining access to critical government services available to them.
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The U.S. Department of Homeland Security (DHS) is seeking feedback from the public that will help DHS develop a public charge regulatory proposal that is fair and consistent and will not impose undue burdens on noncitizens seeking admission to or adjustment of status in the United States.
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U.S. Citizenship and Immigration Services stopped applying the Public Charge Final Rule to all pending applications and petitions on March 9, 2021. We have posted new versions of affected forms. You must file the 3/10/21 edition of these forms for any future applications.
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On March 9, 2021, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.
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On August 12, 2020, the Second Circuit Court of Appeals limited a lower court nationwide injunction on the DHS public charge rule only to Vermont, Connecticut, and New York. 
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On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction)
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