The U.S. Citizenship and Immigration Services (USCIS) has reaffirmed its commitment to enforcing the public charge inadmissibility standard more strictly, signaling a renewed focus on self-sufficiency for individuals applying for permanent residence in the United States. This move aligns with the broader immigration enforcement priorities that have returned under the Trump 2.0 administration.
Understanding “Public Charge”
A person is considered a public charge if they are likely to depend on certain government assistance programs for support. Under INA §212(a)(4), USCIS must evaluate several factors to determine whether an applicant for a green card may become a public charge in the future.
These include:
- Age and health
- Family status
- Assets, resources, and financial status
- Education and skills
- Affidavit of Support (Form I-864) when required
This is a “totality of the circumstances” review, meaning no single factor automatically results in a denial. However, the combination of weak financial evidence, lack of income, or insufficient support from a sponsor could raise concerns.
The Return of Rigorous Scrutiny
The latest USCIS memorandum, issued in September 2025, emphasizes a return to deeper examination of financial and household circumstances. Adjudicators are encouraged to:
- Verify consistency between tax filings, income, and assets listed on the Form I-864.
- Request updated or supplemental evidence through Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) if the record is unclear.
- Weigh the sponsor’s ability to maintain support above the federal poverty guidelines.
This policy direction mirrors the stricter adjudication climate of prior years, where many adjustment-of-status applicants faced questions about their financial independence.
Who Is Exempt from Public Charge Review
Certain categories of immigrants remain exempt, including:
- Refugees and asylees
- Victims under the VAWA program
- Special Immigrant Juveniles (SIJs)
- Afghan and Iraqi interpreters and certain humanitarian parolees
- U and T visa holders adjusting status
Applicants in these categories should still provide complete financial and personal information, but they are not subject to the same public charge test.
Practical Steps for Applicants
If you are applying for permanent residence, it is essential to:
- Ensure your sponsor’s income meets the requirements under Form I-864 guidelines.
- Keep financial documentation current, including tax returns, pay stubs, and proof of assets.
- Show employability or educational qualifications that reflect long-term stability.
- Consult with an immigration attorney before responding to any RFE or NOID related to public charge issues.
A well-prepared application can minimize delays and prevent unnecessary denials under the new enforcement posture.
NPZ Law Group Can Help
At NPZ Law Group, we assist individuals, families, and employers in navigating evolving immigration rules and policy shifts. If you have questions about how the public charge determination could affect your immigration case, our attorneys are available to review your situation and guide you through the process.
FAQ – Public Charge Policy (October 2025)
Q1: What benefits count toward public charge?
Generally, long-term institutional care or cash assistance programs like SSI and TANF may be considered. Short-term or non-cash benefits such as Medicaid for emergencies, SNAP, or school lunch programs usually are not.
Q2: Does this affect nonimmigrant visa holders?
The rule mainly applies to individuals seeking adjustment of status to permanent residence, not temporary visa holders.
Q3: What should I do if I receive a public charge RFE?
Provide clear financial evidence and, if necessary, seek professional legal advice before responding to USCIS.
Contact NPZ Law Group today at www.visaserve.com or call 201-670-0006 to schedule a consultation.Our team continues to monitor developments in public charge adjudications under the new administration and will provide updates as policies evolve.