Public Charge DOES apply to:

  • Immigrants applying for Lawful Permanent Residence (Green Card) through a family-based petition
  • Lawful Permanent Residents who leave the U.S. for more than 6 months and seek to re-enter the U.S.
  • A slightly different rule applies to some "non-immigrants" applying to change or extend their student visas (example: student visas).

Public Charge DOES NOT apply to:

  • U.S. Citizens
  • Lawful Permanent Residents (Green Card holders) applying for citizenship or green card renewals
  • Refugees applying to change status to Lawful Permanent Residents.
  • Asylees applying to change status to Lawful Permanent Residents.
  • TPS: people applying for initial or re-registration of Temporary Protected Status
  • DACA: people applying to renew Deferred Action for Childhood Arrivals
  • SIJS: children applying for Special Immigrant Juvenile Status or applying for a Green Card after having been approved for SIJS
  • U Visa: people applying for a U visa or U visa holders applying for a Green Card
  • T Visa: people applying for a T visa and T visa holders applying for a Green Card
  • VAWA: people self-petition for immigration relief under the Violence Against Women Act (VAWA), and people with VAWA who are applying for a Green Card
  • People applying for withholding of removal or under the Convention Against Torture
  • Cubans applying under the Cuban Adjustment Act;
  • SIV: Afghan and Iraqi interpreters and translators who are applying for special immigrant visas
  • Registry: People applying for registry (lived in the U.S. since January 1, 1972)
  • NACARA: People applying for green card under Nicaraguan Adjustment and Central American Relief Act
  • HRIFA: People applying for green card under Haitian Relief and Immigrant Fairness Act (HRIFA)
  • Lautenberg parolees - individuals from the former Soviet Union, Vietnam, Cambodia and Laos who were paroled into the U.S. and are applying for green cards
  • Certain other "humanitarian" immigrants