It is important to remember that immigration law and regulations exempt some categories of immigrants from public charge inadmissibility and provide many types of immigration status that are not subject to the public charge ground of inadmissibility. This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immigrants who may be considering adjustment of status or consular processing through a family or employer petition after having a status that is not subject to public charge inadmissibility. Understanding these considerations will help advocates best counsel their clients and prepare applications in the current climate of uncertainty surrounding public charge policy.
On December 23, 2022 a new rule on public charge went into effect. For more information, go to the ILRC’s public charge updates page. We are working to update our resources in light of the new rule, which solidifies and strengthens longstanding guidance, but in the meantime much of the information in this resource continues to apply. Note, however, that any I-485 applications submitted on or after December 23, 2022 must use the updated 12/23/22 edition date.
