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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
      • Part A - Admissibility Policies and Procedures
      • Part B - Health-Related Grounds of Inadmissibility
      • Part C - Civil Surgeon Designation and Revocation
      • Part D - Criminal and Related Grounds of Inadmissibility
      • Part E - Terrorism
      • Part F - National Security and Related Grounds of Inadmissibility
      • Part G - Public Charge Ground of Inadmissibility
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Definitions
        • Chapter 3 - Applicability
        • Chapter 4 - Prospective Determination Based on the Totality of the Circumstances
        • Chapter 5 - Statutory Minimum Factors
        • Chapter 6 - Affidavit of Support Under Section 213A of the INA
        • Chapter 7 - Consideration of Current and/or Past Receipt of Public Cash Assistance for Income Maintenance or Long-term Institutionalization at Government Expense
        • Chapter 8 - Waivers of Inadmissibility Based on Public Charge Ground
        • Chapter 9 - Adjudicating Public Charge Inadmissibility for Adjustment of Status Applications
        • Chapter 10 - Public Charge Bonds
        • Chapter 11 - Public Charge Bonds: Posting and Accepting Bonds
        • Chapter 12 - Public Charge Bonds: Maintaining, Substituting, and Canceling Bonds
      • Part H - Labor Certification and Select Immigrant Qualifications
      • Part I - Illegal Entrants and Other Immigration Violators
      • Part J - Fraud and Willful Misrepresentation
      • Part K - False Claim to U.S. Citizenship
      • Part L - Documentation Requirements
      • Part M - Citizenship Ineligibility
      • Part N - Noncitizens Previously Removed
      • Part O - Noncitizens Unlawfully Present
      • Part P - Noncitizens Present After Previous Immigration Violation
      • Part Q - Practicing Polygamists, International Child Abductors, Unlawful Voters, and Tax Evaders
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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  2. Policy Manual
  3. Volume 8 - Admissibility
  4. Part G - Public Charge Ground of Inadmissibility
  5. Chapter 3 - Applicability

Chapter 3 - Applicability

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  • Guidance
  • Resources (67)
  • Appendices (5)
  • Updates (11)
  • History (0)

In general, the public charge ground of inadmissibility at Immigration and Nationality Act (INA) 212(a)(4) applies to an applicant who is applying for a visa, admission, or adjustment of status.[1] A noncitizen applying for a visa, admission, or adjustment of status must establish that they are not inadmissible under any ground of inadmissibility including the public charge ground.[2] If a noncitizen is exempt from the public charge ground of inadmissibility, this ground of inadmissibility does not apply to them.[3]

A. Applicants for Admission

The public charge ground of inadmissibility[4] generally applies to applicants for admission[5] as an immigrant[6] or a nonimmigrant unless they are specifically exempted by statute or regulations.[7] U.S. Customs and Border Protection (CBP) inspects applicants for admission to the United States. When an applicant for admission demonstrates that they are admissible, the applicant may be permitted to enter the United States as an immigrant or nonimmigrant.[8]

1. Nonimmigrants

Under INA 212(a)(4), any noncitizen who is applying for a visa or for admission to the United States as a nonimmigrant is inadmissible if they are likely at any time to become a public charge. A noncitizen applies directly to a U.S. consulate or embassy abroad for a nonimmigrant visa to travel to the United States temporarily for a limited purpose, such as to visit for business or tourism.[9] Department of State (DOS) consular officers assess whether the noncitizen is inadmissible and therefore ineligible for a visa, including under the public charge ground of inadmissibility, as applicable.[10] Eligible noncitizens may also apply for admission as a nonimmigrant without a visa under, for example, the Visa Waiver Program (VWP).[11]

Once DOS issues the nonimmigrant visa, or the prospective traveler has obtained any required pre-travel authorization from CBP, the noncitizen generally may travel to the United States using that visa or travel authorization, if applicable, and apply for admission at a port of entry. CBP then determines whether the applicant for admission is inadmissible under any ground, including public charge.

2. Immigrants

A noncitizen who is abroad and is the beneficiary of an approved immigrant visa petition may apply to DOS for an immigrant visa to allow them to travel to the United States and seek admission to the United States as an immigrant.[12] As part of the immigrant visa process, DOS determines whether the applicant is eligible for the visa, which includes a determination of whether the noncitizen has demonstrated that they are not inadmissible under any of the applicable grounds in INA 212.

Once DOS issues the immigrant visa, the noncitizen may travel to the United States and seek admission as an immigrant at a port of entry. CBP determines whether the applicant for admission as an immigrant is inadmissible under any ground, including public charge.[13]

3. Certain Lawful Permanent Residents Returning to the United States

Lawful permanent residents (LPRs) generally are not considered to be applicants for admission, and therefore are not subject to inadmissibility determinations upon their return from a trip abroad. However, in certain limited circumstances, an LPR is considered an applicant for admission and, therefore, subject to an inadmissibility determination upon the LPR’s return to the United States.[14] This inadmissibility determination includes whether the noncitizen is inadmissible under the public charge ground of inadmissibility.

B. Applicants for Adjustment of Status

Unless they are specifically exempt from the public charge ground of inadmissibility, the public charge ground of inadmissibility will generally apply to all applicants for adjustment of status, including, but not limited to:

  • Family-based applicants;

  • Employment-based applicants; and

  • Diversity visa applicants.

C. Exemptions

The public charge ground of inadmissibility does not apply, based on statutory or regulatory authority, to the following applicants for visas, admission, and adjustment of status:[15]

  • Asylees[16] and refugees;[17]

  • Amerasian immigrants at admission;[18]

  • Afghan and Iraqi interpreters or Afghan and Iraqi nationals employed by or on behalf of the U.S. government;[19]

  • Cuban and Haitian entrants at adjustment of status;[20]

  • Applicants seeking adjustment under the Cuban Adjustment Act;[21]

  • Nicaraguans and other Central Americans who are adjusting status to LPR;[22]

  • Haitians who are adjusting status to LPR;[23]

  • Lautenberg parolees;[24]

  • Special immigrant juveniles;[25]

  • Applicants for registry;[26]

  • Applicants seeking temporary protected status (TPS);[27]

  • Certain nonimmigrant ambassadors, ministers, diplomats, and other foreign government officials, and their families;[28]

  • Victims of human trafficking (T nonimmigrants);[29]

  • Victims of qualifying criminal activity (U nonimmigrants);[30]

  • Self-petitioners under the Violence against Women Act (VAWA);[31]

  • Certain battered noncitizens who are “qualified aliens” under PRWORA;[32]

  • Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of military members;[33]

  • Noncitizen American Indians born in Canada;[34]

  • Noncitizen members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma;[35]

  • Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001;[36]

  • Polish and Hungarian Parolees;[37]

  • Certain Syrian nationals;[38]

  • Applicants adjusting under the Liberian Refugee Immigration Fairness (LRIF) law;[39] and

  • Any other categories of noncitizens exempt from the public charge ground of inadmissibility under any other law.[40]

D. Categories of Noncitizens Exempt from the Public Charge Ground of Inadmissibility Who Must Still Submit Form I-864

Under INA 212(a)(4)(D), certain noncitizens applying to adjust status in an employment-based category are required to submit an Affidavit of Support Under Section 213A of the INA (Form I-864). This includes noncitizens whose employment-based petition was filed by a relative of the noncitizen[41] or by an entity in which the noncitizen’s relative has a significant ownership interest.[42]

Congress did not include an exemption from this requirement for noncitizens applying to adjust status in the employment-based category, even for certain categories of noncitizens who are otherwise exempt from the public charge ground of inadmissibility.[43]

Therefore, if a noncitizen in the following categories applies for adjustment of status based on an employment-based petition that requires a Form I-864, these applicants must submit a Form I-864 executed by their petitioning relative (or the relative with significant ownership interest in the petitioning entity):[44]

  • Noncitizens who have a pending application that sets a prima facie case for eligibility for T nonimmigrant status;

  • Noncitizens who have been granted T nonimmigrant status and are in valid T nonimmigrant status at the time the adjustment of status application is properly filed with USCIS and at the time the adjustment of status is adjudicated;

  • Petitioners for U nonimmigrant status;

  • Noncitizens who have been granted U nonimmigrant status and are in valid U nonimmigrant status at the time the adjustment of status application is properly filed with USCIS and at the time the adjustment of status is adjudicated;

  • Self-petitioners under the Violence Against Women Act (VAWA); and

  • Certain noncitizens who have been battered or subjected to extreme cruelty by a family member in the United States.[45]

Footnotes


[^ 1] See INA 212(a)(4)(A).

[^ 2] See INA 291 and INA 212(a)(4).

[^ 3] See 8 CFR 212.23. See Section C, Exemptions [8 USCIS-PM G.3(C)].

[^ 4] See INA 212(a)(4).

[^ 5] See INA 101(a)(4) and INA 101(a)(13)(A).

[^ 6] A noncitizen, who is a lawful permanent resident (LPR), who travels abroad and seeks to enter the United States again is generally not seeking admission under the Immigration and Nationality Act (INA). See INA 101(a)(13)(C).

[^ 7] See 8 CFR 212.23. For more information, see Section C, Exemptions [8 USCIS-PM G.3(C)].

[^ 8] See INA 235. See 8 CFR 235. CBP follows CBP guidance on the determination, in accordance with DHS regulations at 8 CFR 212.20 and 8 CFR 212.23.

[^ 9] Certain nonimmigrant classifications are subject to petition requirements, and in such cases USCIS generally must approve a petition before the nonimmigrant applies for a visa. See INA 214. In addition, certain noncitizens are not subject to a visa requirement in order to seek admission as a nonimmigrant. See INA 217. See 8 CFR 212.1.

[^ 10] See INA 221 and INA 222. See 8 CFR 204.

[^ 11] Examples of other ways in which eligible noncitizens may apply for admission as a nonimmigrant without a visa include but are not limited to the Guam-CNMI VWP (see 8 CFR 212.1(q)) as well as certain nationals of Canada, Bermuda, the Bahamas, the British Virgin Islands, and Mexico in certain situations (see 8 CFR 212.1(a)-(c)).

[^ 12] See INA 221 and INA 222. See 8 CFR 204.

[^ 13] The public charge ground of inadmissibility does not apply to nonimmigrants seeking extension of stay or change of status in the United States.

[^ 14] See INA 101(a)(13)(C). See Volume 7, Adjustment of Status, Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section A, “Inspected and Admitted” or “Inspected and Paroled,” Subsection 2, Admission [7 USCIS-PM B.2(A)(2)]. An LPR who travels abroad does not undergo another public charge inadmissibility determination upon return to the United States unless CBP determines that the returning LPR is an applicant for admission based on one of the criteria set forth in INA 101(a)(13)(C) (for example, CBP determines that the noncitizen has been absent from the United States for more than 180 days).

[^ 15] See 8 CFR 212.23(a) where DHS has codified this list of exemptions.

[^ 16] See INA 208. See 8 CFR 208.

[^ 17] See INA 207 and INA 209. See 8 CFR 209.2.

[^ 18] See Sections 101(e) and 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, Pub. L. 100-202 (PDF), 101 Stat. 1329-183 (December 22, 1987), as amended.

[^ 19] See Section 1059(a)(2) of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. 109–163 (PDF), 119 Stat. 3136, 3444 (January 6, 2006), as amended, and Section 602(b), Title VI of the Omnibus Appropriations Act, 2009, Pub. L. 111-8 (PDF) (March 11, 2009), as amended, and Section 1244(g) of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. 110-181 (PDF), 122 Stat. 3, 396 (January 28, 2008), as amended.

[^ 20] See Section 202 of the Immigration Reform and Control Act of 1986 (IRCA), Pub. L. 99-603 (PDF), 100 Stat. 3359, 3404 (November 6, 1986), as amended.

[^ 21] See Cuban Adjustment Act, Pub. L. 89-732 (PDF) (November 2, 1966), as amended.

[^ 22] See Sections 202(a) and 203 of the Nicaraguan Adjustment and Central American Relief Act, Pub. L. 105-100 (PDF), 111 Stat. 2160, 2193 (November 19, 1997), as amended.

[^ 23] See Section 902 of the Haitian Refugee Immigration Fairness Act of 1998, Pub. L. 105-277 (PDF), 112 Stat. 2681, 2681-538 (October 21, 1998), as amended.

[^ 24] See Section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1990, Pub. L. 101-167 (PDF), 103 Stat. 1195, 1263 (November 21, 1989), as amended.

[^ 25] See INA 245(h).

[^ 26] Registry is a section of immigration law that enables certain noncitizens who have been present in the United States since January 1, 1972, the ability to apply for lawful permanent residence even if currently in the United States unlawfully. See INA 249. See 8 CFR 249.

[^ 27] See 8 CFR 244.3. INA 244(c)(2)(ii) authorizes DHS to waive any INA 212(a) ground, except for those that Congress specifically noted could not be waived.

[^ 28] See INA 101(a)(15)(A)(i), INA 101(a)(15)(A)(ii), and INA 102. See 22 CFR 41.21(d). See INA 101(a)(15)(G)(i), INA 101(a)(15)(G)(ii), INA 101(a)(15)(G)(iii), and INA 101(a)(15)(G)(iv).

[^ 29] See INA 245(l). If the applicant is adjusting based on an employment-based petition where the petition is filed by either a qualifying relative or an entity in which such relative has a significant ownership interest (5 percent or more), and the applicant, at both the time of filing and adjudication of the Application to Register Permanent Residence or Adjust Status (Form I-485), is still in valid T nonimmigrant status, the applicant is not subject to INA 212(a)(4) but is still required to file an Affidavit of Support Under Section 213A of the INA (Form I–864). See 8 CFR 213a.2(b)(2).

[^ 30] See INA 101(a)(15)(U) and INA 212(a)(4)(E)(ii). See Section 804 of the Violence Against Women Reauthorization Act of 2013, Pub. L. 113-4 (PDF), 127 Stat. 54, 111 (March 7, 2013). If the applicant is adjusting based on an employment-based petition where the petition is filed by either a qualifying relative or an entity in which such relative has a significant ownership interest (5 percent or more), and the applicant, at both the time of filing and adjudication of the Form I-485, is still in valid U nonimmigrant status, the applicant is not subject to INA 212(a)(4) but is still required to file Form I–864. See 8 CFR 213a.2(b)(2).

[^ 31] See INA 212(a)(4)(E)(i).

[^ 32] See INA 212(a)(4)(E)(iii). See Section 804 of the Violence Against Women Reauthorization Act of 2013, Pub. L. 113-4 (PDF), 127 Stat. 54, 111 (March 7, 2013). See Section 431(c) of Pub. L. 104-193 (PDF), 110 Stat. 2105, 2274 (August 22, 1996). See 8 U.S.C. 1641(c).

[^ 33] See Section 1703 of the National Defense Authorization Act, Pub. L. 108-136 (PDF), 117 Stat. 1392 (November 24, 2003) (posthumous benefits to surviving spouses, children, and parents).

[^ 34] See INA 289.

[^ 35] See Pub. L. 97-429 (PDF) (Jan. 8, 1983).

[^ 36] See Section 586 of Pub. L. 106-429 (PDF), 114 Stat. 1900, 1900A-57 (November 6, 2000) under 8 CFR 245.21.

[^ 37] Includes certain Polish and Hungarian parolees who were paroled into the United States from November 1, 1989, to December 31, 1991. See Section 646(b) of IIRIRA, Division C of Pub. L. 104-208 (PDF), 110 Stat. 3009-546, 3009-709 (September 30, 1996).

[^ 38] See Pub. L. 106-378 (PDF) (October 27, 2000).

[^ 39] See Section 7611 of the National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92 (PDF), 113 Stat. 1198, 2309 (December 20, 2019) (Liberian Refugee Immigration Fairness), later extended by Section 901 of Division O, Title IX of the Consolidated Appropriations Act of 2021, Pub. L. 116-260 (PDF), 134 Stat. 1182, 2155 (December 27, 2020) (Adjustment of Status for Liberian Nationals Extension).

[^ 40] For the most comprehensive list and description of the exemptions, see 8 CFR 212.23(a).

[^ 41] Relatives include spouse, parents, children, adult sons or daughters, brothers, and sisters. See 8 CFR 213a.1. An affidavit of support under this section is not required, however, if the relative is a brother or sister of the intending immigrant, unless the brother or sister is a citizen. See 8 CFR 213a.2(a)(2)(i)(C).

[^ 42] Significant ownership interest means an ownership interest of 5 percent or more in a for-profit entity that filed an immigrant visa petition to accord a prospective employee an immigrant status under INA 203(b). See 8 CFR 213a.1.

[^ 43] See INA 212(a)(4)(E).

[^ 44] See 8 CFR 212.23(b).

[^ 45] See INA 212(a)(4)(E)(iii). The list of “qualified aliens” included in this exemption is described in 8 U.S.C. 1641(c). See 8 CFR 212.23(b).

Resources

Legal Authorities

10 U.S.C. 504(b) - Citizenship or residency

15 U.S.C. 1681 - Congressional findings and statement of purpose

21 U.S.C. 802 - Definitions

21 U.S.C. 841 - Prohibited acts A

22 CFR 40.51 - Labor certification

29 CFR 570 - Child labor regulations, orders and statements of interpretation

29 U.S.C. 213(c) - Child labor requirements

31 USC 9304-9308 - Surety corporations

42 CFR 34.4 - Medical notifications

42 U.S.C. 1382c (PDF) - Definitions

42 U.S.C. 413 - Quarter and quarter of coverage

42 U.S.C. 416(l) - Retirement age

7 CFR 273 - Certification of eligible households

8 CFR 1.2 - Definitions

8 CFR 1.3 - Lawfully present aliens for purposes of applying for Social Security benefits

8 CFR 1003.14 - Jurisdiction and commencement of proceedings

8 CFR 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals

8 CFR 103.6 - Immigration bonds

8 CFR 204.5 - Petitions for employment-based immigrants

8 CFR 212.4 - Applications for the exercise of discretion under section 212(d)(1) and 212(d)(3)

8 CFR 213a - Affidavits of support on behalf of immigrants

8 CFR 235 - Inspection of persons applying for admission

8 CFR 245.11 - Adjustment of aliens in S nonimmigrant classification

8 CFR 292 - Representation and appearances

8 U.S.C. 1601-1646 - Restricting welfare and public benefits for aliens

8 U.S.C. 1611 (PDF) - Aliens who are not qualified aliens ineligible for Federal public benefits

8 U.S.C. 1612 (PDF) - Limited eligibility of qualified aliens for certain Federal programs

8 U.S.C. 1613 (PDF) - Five-year limited eligibility of qualified aliens for Federal means-tested public benefit

8 U.S.C. 1641 (PDF) - Definitions

Final Specification of Community Programs Necessary For Protection Of Life Or Safety Under Welfare Reform Legislation, 66 FR 3613 (Jan. 16, 2001) (Final rule)

INA 101 - Definitions

INA 101(a)(15) - Nonimmigrant classifications

INA 201 - Worldwide level of immigration

INA 203 - Allocation of immigrant visas

INA 208 - Asylum

INA 212(a)(4), 8 CFR 212.20-212.23 - Public charge inadmissibility

INA 212(d) - Temporary admission of nonimmigrants

INA 213, 8 CFR 213.1 - Admission of aliens on giving bond or undertaking; return upon permanent departure; adjustment of status of aliens on submission of a public charge bond

INA 213A, 8 CFR 213a - Requirements for sponsor's declaration of financial support

INA 235 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

INA 237(a)(5) - Public charge (deportable aliens)

INA 239, 8 CFR 239 - Initiation of removal proceedings

INA 245(j) - Adjustment to permanent resident status

INA 245, 8 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

INA 248, 8 CFR 248 - Change of nonimmigrant classification

INA 289 - Application to American Indians born in Canada

Pub. L. 104-193 (PDF) - Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

Pub. L. 104-208 (PDF) - Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Pub. L. 106-395 (PDF) - Child Citizenship Act of 2000

Pub. L. 111-293 (PDF) - Help Haitian Adoptees Immediately to Integrate Act of 2010

Pub. L. 111-8 (PDF) - Section 602(b), Title VI of the Afghan Allies Protection Act of 2009

Pub. L. 113-4 (PDF) - 127 Stat 54 of the Violence Against Women Reauthorization Act of 2013

Pub. L. 89-732 (PDF) - Cuban Refugees Adjustment of Status

Section 11, 26 Stat 1084 (PDF) of the Immigration Act of 1891

Section 212(a)(15), 66 Stat 163 (PDF), 183 of the Immigration and Nationality Act of 1952

Sections 1-2, 22 Stat 214 (PDF) of the Immigration Act of 1882

Forms

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-130, Petition for Alien Relative

I-134, Declaration of Financial Support

I-485, Application to Register Permanent Residence or Adjust Status

I-601, Application for Waiver of Grounds of Inadmissibility

I-693, Report of Medical Examination and Vaccination Record

I-864, Affidavit of Support Under Section 213A of the INA

I-864A, Contract Between Sponsor and Household Member

I-864EZ, Affidavit of Support Under Section 213A of the INA

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Public Charge Inadmissibility, USCIS National Engagement (Sept. 29, 2022) Power Point Presentation (PDF, 1.24 MB)

Appendices

Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Employment-Based Adjustment of Status Applications (PDF, 116.14 KB)

Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Family-Based Adjustment of Status Applications (PDF, 150.97 KB)

Appendix: Applicability of INA 212(a)(4) to Other Applicants

Appendix: Applicability of INA 212(a)(4) to Other Applicants (PDF, 175.38 KB)

Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Refugee, Asylee, and Parolee Adjustment of Status Applications (PDF, 106.73 KB)

Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications

Appendix: Applicability of INA 212(a)(4) to Special Immigrant Adjustment of Status Applications (PDF, 159.03 KB)

Updates

Technical Update - Public Charge Ground of Inadmissibility Final Rule

January 25, 2023

This technical update incorporates into Volume 8 the policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced December 19, 2022, addressing the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA), as implemented by the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF) (Sep. 9, 2022).

This guidance became effective December 23, 2022, and applies to adjustment of status applications postmarked (or filed electronically, if applicable) on or after that date. For applications postmarked (or submitted electronically, if applicable) before December 23, 2022, USCIS will continue to apply the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance.

Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

POLICY ALERT - Public Charge Ground of Inadmissibility Final Rule

December 19, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA), as implemented by the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF) (Sep. 9, 2022).

The new final rule and policy guidance become effective December 23, 2022, and apply to adjustment of status applications postmarked (or filed electronically, if applicable) on or after that date. For applications postmarked (or submitted electronically, if applicable) before December 23, 2022, USCIS will continue to apply the public charge ground of inadmissibility consistent with the statute and the 1999 Interim Field Guidance.

Read More
Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

Technical Update - Public Charge Final Rule

September 08, 2022

This technical update to Volume 8 alerts readers to the September 9, 2022 publication of the Public Charge Ground of Inadmissibility Final Rule, 87 FR 55472 (PDF), and clarifies that USCIS will continue to apply the 1999 Interim Field Guidance until the final rule goes into effect on December 23, 2022. For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage.

Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

Technical Update - Providing Link to Public Charge Resources Webpage

February 17, 2022

USCIS is administering the public charge inadmissibility statute (section 212(a)(4) of the Immigration and Nationality Act) consistent with the 1999 Interim Field Guidance to determine whether a noncitizen is inadmissible as likely at any time to become a public charge. The 1999 Interim Field Guidance is the policy that was in place before the 2019 Public Charge Final Rule was implemented. The 2019 Public Charge Final Rule is no longer in effect. For more information about how USCIS is applying the public charge ground of inadmissibility, see the Public Charge Resources webpage.

Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Removing Guidance on Inadmissibility on Public Charge Grounds

March 10, 2021

This technical update removes the guidance in Volume 2, Part A, Chapter 4, Volume 8, Part G, and Volume 12, Part D, Chapter 2 relating to the administration of the public charge ground of inadmissibility under the Inadmissibility on Public Charge Grounds final rule, 84 FR 41292 (Aug. 14, 2019); as amended by Inadmissibility on Public Charge Grounds; Correction, 84 FR 52357 (Oct. 2, 2019) ( “Public Charge Final Rule”), which was implemented on Feb. 24, 2020. On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. On Nov. 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued an administrative stay and, on Nov. 19, 2020, a stay pending appeal of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted its stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage.

Affected Sections

2 USCIS-PM A.4 - Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

Technical Update - Removing WA Food Assistance Program from the List of Public Benefits Considered

June 16, 2020

This technical update removes the WA Food Assistance Program for Legal Immigrants from the list of examples of state, local, and tribal cash assistance programs that are considered income maintenance for purposes of the public charge inadmissibility determination.

Affected Sections

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Implementation of Guidance on Inadmissibility on Public Charge Grounds

February 24, 2020

Note: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. The U.S. Court of Appeals for the Seventh Circuit later issued a stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted the stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage. The alert text below and related guidance are no longer in effect.

This update incorporates into Volumes 2, 8, and 12 policy guidance that U.S. Citizenship and Immigration Services (USCIS) announced February 5, 2020, implementing the Inadmissibility of Public Charge Grounds Final Rule. This guidance is in effect as of February 24, 2020 and applies nationwide to all applications and petitions postmarked on or after that date. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Final Rule. For more information about the classes of [noncitizens] who are exempt from the Final Rule, see the appendices related to applicability. For information on related litigation affecting implementation, see the USCIS webpage on the injunction.

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Affected Sections

2 USCIS-PM A.4 - Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

POLICY ALERT - Public Charge Ground of Inadmissibility

February 05, 2020

Note: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Public Charge Final Rule nationwide. The U.S. Court of Appeals for the Seventh Circuit later issued a stay of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision. On Mar. 9, 2021, the U.S. Court of Appeals for the Seventh Circuit lifted the stay and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect. USCIS immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. For information on related litigation affecting implementation, see the Inadmissibility on Public Charge Grounds Final Rule: Litigation webpage. The alert text below and related guidance are no longer in effect.

U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual to address the final rule on the public charge ground of inadmissibility. This policy guidance is effective on February 24, 2020, and will apply to all applicants and petitioners filing applications and petitions for adjustment of status, extension of stay, and change of status, except for applicants and petitioners in the State of Illinois, whose cases will be adjudicated under prior policy, including the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1 (PDF). For additional information, see Public Charge Inadmissibility Determinations in Illinois. Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of [noncitizens] who are exempt from the final rule, see the appendices related to applicability.

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Affected Sections

2 USCIS-PM A.4 - Chapter 4 - Extension of Stay, Change of Status, and Extension of Petition Validity

8 USCIS-PM G - Part G - Public Charge Ground of Inadmissibility

12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

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