What is public charge?

This page was last updated November 24, 2025. We will update the content on this page whenever there are changes to the public charge policy.

Some people who apply for a green card or a visa to enter the United States must pass a “public charge” test, which looks at whether the person will mostly depend on the government for support in the future.

The Trump administration has recently proposed a change to the “public charge” test. The rules have not yet changed. The Biden public charge rule is still in effect and will remain in effect until there is a final rule. Most immigrants who are subject to public charge are not eligible for the benefits that count under the test.

Most people do not have to worry about public charge at all.

Public charge mostly applies to people seeking a green card through a family member or who seek to enter the U.S. from outside the country. If you already have a green card, or you do not currently have a pathway to getting one, this does not affect you. Many immigrants, such as refugees and asylees, are exempt from the public charge test when they are applying for a green card. If you are applying for a green card or may wish to apply, consult a knowledgeable immigration attorney.

The Trump administration says they plan to issue guidance, but we do not know what it will say. If the proposed rule is finalized, it is not clear which benefits programs would be considered. It is also not clear whether family members’ use of benefits would be considered. Public benefits use would be one of many factors that officials could consider during a public charge determination.

Protecting Immigrant Families is sharing information and materials about the proposed change as more information becomes available. See their website for more information.

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