Public Charge &
I-864 Sponsorship

What Does Public Charge Mean?

How Does the Government Determine Who Is Likely to Become a Public Charge?

Under the new public charge rule, there is no bright-line test. Instead, immigration officers must evaluate the “totality of circumstances” when determining whether—in the officer’s opinion—a Green Card applicant is likely at any time to become a public charge. This means officers will weigh many different factors against each other, including:

• The applicant’s age, health, family status, financial status, assets, resources, education, and skills;
• The applicant’s employment history and current willingness and ability to work;
• Form I-864, Affidavit of Support (if required);
• Form I-693, Report of Medical Examination and Vaccination Record (if required);
• Amount, duration, and recency of the applicant’s receipt of means-tested public benefits on or after September 18, 2026 (including household members the applicant is obligated to support); and
• All other information and evidence in the applicant’s record.

Means-tested public benefits received before September 18, 2026, will not be considered, except:

• Public cash assistance for income maintenance; or
• Long-term institutionalization at government expense (e.g., in a nursing facility or mental health institution).

None of these factors should be determinative on their own, and even the receipt of public benefits can be outweighed by other, positive factors.

• Is eligibility based on the applicant’s income or assets falling below a certain threshold?
• Is the benefit provided by a government agency or government-funded, including federal, state, tribal, territorial, or local government entities?

Examples of means-tested benefits include (but are not limited to):

• Cash assistance (e.g., TANF, SSI);
• Public or assisted housing;
• Financial aid for postsecondary education;
• Food assistance;
• Government-funded health coverage;
• Long-term institutional care at government expense, such as nursing home care or a long-term stay in a mental health institution.

Which Public Benefits Are Not Means-Tested?

• Earned benefits (e.g., Social Security, Medicare, unemployment insurance);
• Universal benefits that are available regardless of income; and
• Healthcare the applicant pays for without government subsidies.

What Is the Government’s Definition of “Receipt” of a Benefit?

Generally, immigration officers consider means-tested public benefits only when the applicant is listed as a beneficiary. However, any application for, or certification or approval to receive future benefits on or after September 18, 2026, may still factor into the totality of circumstances review, even if the applicant subsequently withdraws the application or disenrolls from the benefit. Also, if someone the applicant is legally obligated to support (e.g., a child or other relative) receives means-tested benefits based on the applicant’s low income, it will be considered as well.

Who Is Subject to the Public Charge Rule?

• Applicants for nonimmigrant and immigrant visas at U.S. consulates abroad;
• Applicants for admission to the U.S.; and
• Applicants who seek adjustment of status to permanent residence (the Green Card) from within the U.S.

Who Is Exempt from the Public Charge Rule?

• Asylees
• Refugees
• TPS applicants
• Special Immigrant Juveniles
• VAWA self-petitioners
• DACA applicants
• U Visa applicants (victims of crimes)
• T Visa applicants (trafficking victims)

Does the Public Charge Rule Apply to Me If I Already Have a Green Card?

Generally, no. There is no public charge test for:

• Renewing your Green Card (Form I-90)
• Removing the conditions on your permanent residence (I-751); or
• Applying for U.S. citizenship (Form N-400)

I Signed an I-864 Affidavit of Support on Behalf of a Noncitizen. Does the Public Charge Rule Apply to Me?

No, there is no public charge test for sponsors. But if you receive any means-tested benefits, you cannot use those to meet the income threshold. Also, should the immigrant you sponsored apply for a means-tested public benefit, the U.S. government will first consider your income and assets as available for the support of the sponsored immigrant, which may disqualify them as over-income for the program. This is called “deeming.”

What Other Responsibilities Do I Have as an I-864 Sponsor?

The I-864 Affidavit of Support is a legally enforceable contract between you and the U.S. government, meant to reduce the potential for an intending immigrant to become a public charge. By signing it, you accept financial responsibility for the noncitizen applicant. If this person qualifies for and receives one or more of the federal means-tested benefits listed above, the government may ask you to repay the costs of these benefits. If you change your address while your sponsorship agreement is in force, you must inform USCIS within 30 days by filing Form I-865, Sponsor’s Notice of Change of Address.

You will be responsible for any immigrant you sponsor until:

How Long Does Your Sponsorship Obligation Last?

• The person becomes a U.S. citizen;
• The person has worked 40 quarters in the U.S. (typically equal to 10 years of work history);
• The person loses or abandons their status and leaves the U.S.; or
• The person dies.

Legal and Policy Sources