The US Public Charge Test

How the public charge test works

Public charge is a ground of inadmissibility in section 212(a)(4) of the Immigration and Nationality Act. A visa or green card can be refused to someone judged likely to become primarily dependent on government support. The officer weighs the totality of circumstances, including age, health, family status, assets and financial status, education and skills, along with any affidavit of support.

For adjustment of status inside the US, USCIS applies the test when it reviews Form I-485. Department of State consular officers apply it to immigrant visa applicants abroad. In most family-based cases the petitioner must file Form I-864, a legally enforceable affidavit of support that makes the sponsor financially responsible for the immigrant. Refugees, asylees and several other humanitarian categories are exempt from the test.

If an applicant is otherwise admissible but raises public charge concerns, USCIS may allow a public charge bond on Form I-945, posted by an obligor who undertakes that the immigrant will not rely on covered public benefits. This bond is a different instrument from the visa bond sometimes required of B-1/B-2 visitors, and the public charge test is not applied again at naturalization.