UPDATE: On December 23, 2022, a new final rule on public charge went into effect. The new rule and corresponding updated USCIS Policy Manual guidance apply to applications involving a public charge test that are postmarked (or electronically submitted) on or after December 23, 2022. All I-485 applications to adjust status filed on or after December 23, 2022 must use the updated 12/23/22 edition of the Form I-485 (as indicated in the lower left corner of all form pages). For applications involving a public charge test postmarked or electronically submitted prior to December 23, 2022, USCIS will only accept the 7/15/22 edition date of the Form I-485 and will follow longstanding prior public charge policy, the 1999 “field guidance.” 

While the new Form I-485 adds specific questions related to public charge, the new rule essentially codifies the 1999 guidance, with some added details and protections, strengthening the public charge guidance that we have had for more than two decades. Under both prior policy and the new rule, it is safe for immigrants and their families to use health, nutrition, and housing programs for which they qualify. Health care programs, including Medicaid and COVID care, housing, food programs, and many other vital services are safe to use.  

Only those deemed likely to be primarily dependent on cash aid for income maintenance or long-term care at government expense could be denied for public charge.

Remember, the public charge test only applies to some programs and some immigrants.

• It never applies to U.S. citizens, including the children of immigrants.
• It also doesn’t apply to most people with a green card, or asylees, refugees, people with U visas, T visas, VAWA, and many others. The new rule includes a helpful list of the categories of noncitizens who are exempt from a public charge determination, including people applying for or granted asylum, refugee status, or TPS; special immigrant juveniles; and Afghan or Iraqi special immigrant visa holders. VAWA self-petitioners, and survivors who have applied for or been granted T or U status are generally exempt from a public charge assessment, regardless of their ultimate pathway to a green card.
• A family member’s use of public programs cannot affect your future immigration applications. 
• Testing, treatment, and preventative services for COVID-19 — including vaccines — are not part of public charge. Pandemic relief payments (stimulus checks) are also not part of public charge.
• The use of health, nutrition, and housing programs cannot be considered in the public charge test.

USCIS created a new Public Charge Resources page here, which includes FAQs about which public benefits are considered when making public charge inadmissibility determinations under the 1999 guidance and the new rule. For example, it stresses that USCIS does not consider COVID-19 testing, treatment, vaccines, or public benefits specifically related to the coronavirus pandemic. It also includes answers to common questions about other programs and tax credits. 

The government stopped following the Trump-era rule on March 9, 2021. Since that time, up until December 23, 2022 when the new rule went into effect, USCIS was following longstanding 1999 guidance. The new rule is not a dramatic departure from the 1999 guidance, and should offer clarity to many applicants seeking lawful status and for those who qualify for various support programs where they live.