Legal Definitions - public charge

The term public charge refers to a concept in U.S. immigration law used to identify individuals who are considered primarily dependent on the government for their basic living expenses. If an individual seeking to immigrate to the United States or adjust their immigration status is deemed likely to become a public charge, they may be found "inadmissible," meaning they are ineligible to receive a green card or certain other visas.

The U.S. government's policy on public charge focuses on whether an individual has received or is likely to receive specific types of government assistance that indicate primary dependence. Under current policy, this primarily includes:

• Cash assistance for income maintenance (e.g., Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF)).
• Long-term institutional care at government expense (e.g., nursing home care paid for by the government).

It is important to note that many common public benefits are not considered in a public charge determination under current policy. These include, but are not limited to:

• Medicaid (except for long-term institutionalization).
• Food assistance programs like the Supplemental Nutrition Assistance Program (SNAP).
• Housing assistance.
• Children's Health Insurance Program (CHIP).
• Emergency medical care.
• Disaster relief.
• Immunizations and testing for communicable diseases.
• School lunch programs.

Here are some examples illustrating the concept of a public charge:

• Example 1: Receipt of Cash Assistance

  Mr. Javier, a non-citizen living in the U.S., applies for a green card. During the application process, immigration officials discover that he has been regularly receiving monthly cash benefits from a state program specifically designed to provide income maintenance for individuals unable to work. Because this is a form of public cash assistance for income maintenance, Mr. Javier's receipt of these benefits would be considered in determining if he is a public charge.

• Example 2: Government-Funded Long-Term Care

  Ms. Lee, an elderly non-citizen, has been residing in a nursing home for the past three years, with the majority of her care expenses covered by a government-funded long-term care program. When she applies to adjust her immigration status, her receipt of this specific type of government-funded institutional care would be a significant factor in assessing whether she is a public charge, as it falls under the definition of long-term care at government expense.

• Example 3: Benefits Not Considered a Public Charge

  The Chen family, non-citizens, have been living in the U.S. and receive food assistance through the Supplemental Nutrition Assistance Program (SNAP) and reside in housing subsidized by a public housing program. When they apply for lawful permanent residency, their receipt of these particular benefits would not be counted against them in a public charge determination under current policy. This is because SNAP and public housing assistance are not considered cash assistance for income maintenance or long-term institutional care, which are the primary factors in a public charge assessment.