Public Charge and Green Cards: What to Know in 2025

When applying for a green card, applicants must show they are not likely to become a “public charge.” This requirement goes to the heart of admissibility: the government must be satisfied that you will not become primarily dependent on public benefits.

At Kennedy Law, we approach this issue with the diligence it demands, ensuring that every answer and document is carefully prepared. Precision matters. Small errors can have major consequences, and we take every step with care.

The public charge rule has been part of U.S. immigration law for more than a century, reflecting the principle that immigrants should be self-sufficient and not primarily dependent on government assistance.

The 2022 DHS Final Rule is the law today. This was reaffirmed in September 2025.  It limits the rule to only cash income-support programs and long-term institutionalization, and it excludes most other health, food, housing, or tax benefits.  Some confusion lingers after the rule was broadened under the Trump Administration in 2019, rescinded in 2021, clarified in 2022, and reaffirmed in September 2025. Many families still worry that using routine benefits could harm their immigration case.

The truth today: only limited benefits are considered, but due care is still required.  USCIS officers apply a “totality of the circumstances” test, weighing age, health, family status, household size, income, assets, education, and skills. Importantly, a deficient Affidavit of Support results in mandatory denial.

In September 2025, USCIS reminded officers to apply the 2022 rule carefully and strictly. That means every I-485 answer (especially Items 57–66), affidavit, and supporting document must be complete and consistent.

🔷 ➤ At Kennedy Law, we prepare every case as though it will be closely scrutinized — because it will be. That means reviewing every I-485 response, affidavit, and supporting document with precision to protect eligibility and avoid unnecessary risks.

Most applicants for adjustment of status, including:

• Family-based green card applicants  
• Employment-based applicants such as EB-1A, EB-2 NIW, and other preference categories  

Not everyone has to worry about the public charge rule. Certain immigrants are automatically exempt, meaning USCIS will not apply this test to them. 

These include:

• Refugees and people granted asylum
• Special Immigrant Juveniles (SIJS)
• Survivors of crime or trafficking (U or T visas)
• Self-petitioners under the Violence Against Women Act (VAWA)
• Applicants for Temporary Protected Status (TPS)
• Many humanitarian programs and family members of U.S. military
   

Other exempt groups include Cuban and Haitian entrants, Nicaraguans and Central Americans under NACARA, Lautenberg parolees, Afghan and Iraqi interpreters, certain Syrians, Liberians under LRIF, Amerasian immigrants, American Indians born in Canada, members of the Kickapoo tribe, and some nationals from Vietnam, Cambodia, Laos, Poland, and Hungary under special adjustment programs. Applicants who qualify for registry (continuous residence since before Jan. 1, 1972) are also exempt.

If you are in one of these categories, the government does not consider benefits you have used. Benefits received while in an exempt category (for example, as an asylee) also do not count against you later.

Only two categories are considered in a public charge finding:

• Cash assistance for income maintenance (SSI, TANF, or state/local “General Assistance”)  
• Long-term institutionalization at government expense (such as in a nursing home or mental health facility)  

Most common benefits do not count against you, including:

• Medicaid (except for long-term institutional care)  
• CHIP (Children’s Health Insurance Program)  
• SNAP (food stamps), WIC, school meals  
• Housing benefits and emergency shelters  
• Public schools, Head Start, student loans, scholarships  
• Disaster relief, unemployment benefits, and tax credits  
• Veterans’ benefits, Social Security, and pensions  

USCIS must consider multiple factors, including:

• Age  
• Health  
• Family status and household size  
• Income, assets, and financial resources  
• Education and skills  
• Any past receipt of cash assistance or long-term institutionalization  

Officers cannot approve a green card if Items 57–66 on Form I-485 are incomplete. Leaving these blank is grounds for denial.  These questions are often confusing, even for experienced practitioners, but the law is clear: unanswered or inconsistent information is grounds for denial.

For most family-based applicants, the Affidavit of Support (Form I-864) is central. This document creates a legally enforceable contract between the sponsor and the government.

• If the sponsor’s income falls below federal poverty guidelines, the case cannot proceed without a joint sponsor or proof of sufficient assets.  
• If the I-864 is missing or insufficient, denial is mandatory — no totality of the circumstances review applies.

Employment-based cases may or may not require a sponsor affidavit, depending on the petitioner and business ownership. Kennedy Law applies due care to determine exactly what is required in each case.

If officers doubt that you meet the standard, they may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). In rare cases, they may allow a public charge bond. Each step carries risk, and each requires precise, timely response.  

🔷 ➤ Kennedy Law anticipates these issues. We prepare complete documentation from the beginning so that your case is ready for the highest level of review.