United States Citizenship and Immigration Services (USCIS) issued new guidance that replaces the 2022 Public Charge rule, broadening how Public Charge is assessed to determine whether a green card applicant may become dependent on the government to meet basic needs.
Green card applications filed or postmarked on or before September 17 will still follow the 2022 Public Charge rule. Applications filed on or after September 18 will be evaluated under a new Public Charge standard that allows any means‑tested, government-funded benefit, including benefits used by family members, to be considered as evidence of an applicant’s financial circumstances.
The guidance does not contain a clear list of identified benefits. This rule also scrutinizes sponsor’s Affidavits of Support. This rule applies only to some green card applicants seeking status through Family-based applications, Employment based applications or some other special immigrant categories. This does not apply to current Citizenship applicants, Asylum seekers, Green card renewals or Current green card holders unless they spent 180+ days outside the U.S.