Public Charge Basics for Family Based Green Cards

What the public charge rule is

Public charge is a ground of inadmissibility that asks whether an applicant is likely to become primarily dependent on the government for support. USCIS looks at the totality of the circumstances, not a single factor. Public charge guidance has shifted over time, so check the USCIS public charge page for current rules.

Who it usually applies to

Public charge considerations often apply to family based green card applicants and some employment based applicants. Many humanitarian categories are exempt, including refugees and asylees. Always verify whether your category is exempt.

Evidence USCIS considers

USCIS typically reviews factors such as:

• Age, health, and household size.
• Income, assets, and employment history.
• The Affidavit of Support (Form I-864) for family cases.
• Education and skills that show future earning potential.

Common misconceptions

• My benefits automatically deny the case: The analysis is broader and considers the overall picture.
• Only income matters: USCIS considers multiple factors, not just income.
• Everyone is subject to public charge: Many categories are exempt.

Practical preparation steps

• Gather recent tax returns and proof of current income.
• Document health insurance coverage if available.
• Provide clear explanations for gaps in employment or income.

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This article is general information, not legal advice. Information is current as of Jan 21, 2026. For guidance tailored to your situation, consult an immigration attorney. To plan your next steps, call +1 918 221 9438 or schedule a consultation.