USCIS to Strictly Enforce Public Charge Rule to Determine Inadmissibility for Green Card Applicants

U.S. Citizenship and Immigration Services (USCIS) has issued a new policy memorandum directing officers to strictly enforce the public charge rule for green card applications. This directive aligns with President Trump’s priority to ensure that public benefits do not encourage or reward illegal immigration into the United States.

Under the Immigration and Nationality Act (INA), the public charge ground of inadmissibility applies to individuals applying for visas, admission, or adjustment of status to lawful permanent resident (LPR) status. These individuals must prove they are unlikely to become primarily dependent on government assistance, such as public cash aid for income maintenance or long-term institutionalization at government expense.

This principle of self-sufficiency has been a cornerstone of U.S. immigration policy for over a century, reinforced by the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). These laws limit individuals’ access to public benefits and mandate the consideration of factors such as age, health, family status, assets, resources, financial status, education, and skills.

USCIS has also mandated that most immigrants submit a legally enforceable Affidavit of Support Under Section 213A of the INA (Form I-864 or I-864EZ), executed by a sponsor, to ensure financial support based on household size and income thresholds. However, the new memo does not alter the benefits considered in the public charge test.

The current Biden-era public charge rule remains in effect, and no policy change has been implemented. This memo serves as additional guidance for USCIS officers, reminding them to conduct thorough reviews under the existing Biden framework.

For instance, green card applicants must complete all public charge-related questions (Item Numbers 57–66) on Form I-485. Incomplete answers or a failure to provide requested information can lead to a finding of ineligibility.

Officers are also instructed to verify exemptions claimed by applicants and ensure accurate household size reporting. The memo outlines the adjudication process, requiring non-exempt applicants to fully complete Item Numbers 57–66. Incomplete applications may prompt a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).

Sponsors’ financial capacity will be closely scrutinized to confirm their ability to support the applicant at 125% of the federal poverty guidelines (FPG), or 100% for active-duty U.S. armed forces sponsors petitioning for a spouse or child.

If a sufficient affidavit is not provided when required, the applicant is deemed inadmissible without further analysis. This guidance, detailed in the USCIS Policy Manual, Volume 8, Part G, is intended for internal use and does not limit officers’ discretion or create enforceable rights.