Published: April 30, 2026
Could you be denied a US green card because of a low income? A low income may raise concerns if it suggests a high probability of future dependence on public benefits. 8 U.S.C. § 1182 specifies the risk of public charge as one of the grounds of inadmissibility, affecting both entry into the US and obtaining a green card.
No single factor determines public charge inadmissibility. Instead of relying on one detail, immigration officials examine the totality of your circumstances and make a public charge determination as to your financial responsibility. Although low income can be a significant negative factor, it does not automatically mean denial if other factors weigh in your favor.
In this post, learn who can be subject to the public charge rule and how you can avoid such an issue in your green card application.
Certain Immigration Cases Subject to the Public Charge Rule
Whether you are obtaining a green card through an employer or a family member, you will likely need to address the public charge rule. Immigration officials use it as a test to determine whether a noncitizen applying for lawful permanent residence or adjustment of status will be reliant on the government for support.
Notably, the public charge inadmissibility doesn’t apply to all noncitizens. Likewise, many non-cash benefits are not counted in determining public charge under the DHS 2022 final rule.
In cases where a public charge concern is identified, the applicant may be found inadmissible unless the totality of the circumstances demonstrates otherwise.
Except in cases or categories where an exemption applies, the following applicants may be subject to the public charge test:
- Individuals applying for a US visa or seeking admission to the US as a nonimmigrant
- Individuals seeking to adjust status to lawful permanent residence
- Certain immigrants applying from outside the United States for an immigrant visa.
- Certain lawful permanent residents who are regarded as an applicant for admission in limited circumstances.
Strategies to Avoid a Public Charge Green Card Denial
Low income or limited resources are among the factors immigration officials consider in a public charge analysis. Therefore, they do not independently constitute a basis for a public charge determination.
When deciding whether you’re likely to become a public charge in the future, the US Citizenship and Immigration Services (USCIS) or consular officers will examine the totality of your circumstances. Below are strategies to help reduce the risk of green card denial on the grounds that you may become a public charge.
Submit an approvable Affidavit of Support
Certain immigrants must submit an Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA). This includes most family-based immigrants and certain employment-based applicants. The affidavit is a legally enforceable contract in which a sponsor agrees to support you financially, helping show that you’re not likely to rely on public benefits.
Failure to submit the required affidavit may render the applicants inadmissible on public charge grounds, unless an exemption or waiver applies. Hence, it’s essential that a qualifying sponsor properly completes the form and provides all required financial evidence.
For a starter, using the Poverty Guidelines Calculator can help in determining whether the sponsor satisfies the minimum income threshold and what supporting financial documents may be needed. Still, the specific documents vary based on the sponsor’s situation, including whether they are self-employed or intend to use assets to meet the income requirement.
Exercise diligence regarding public benefit use
Receipt of public benefits doesn’t result in automatic denial. However, assessing past and current use of government assistance is essential to identify any potential public charge concerns. Not every benefit is counted in determining an applicant’s likelihood to become a public charge.
Still, one must exercise diligence in receiving benefits, such as cash assistance provided for income maintenance or long-term institutionalized care. In particular, these benefits include the following:
- Receiving Supplemental Security Income (SSI).
- Obtaining assistance from the federal Temporary Assistance for Needy Families (TANF) program.
- Using General Assistance (GA) through state or local programs intended for low-income families.
- Getting long-term institutionalized care at mental health institutions or nursing facilities at government expense.
When making a decision, USCIS examines whether you’re currently receiving or have received certain benefits. But it’s worth noting that they examine the totality of the circumstances, specifically considering the amount you received, corresponding duration, and recency of any relevant public benefit use.short-term assistance, but it is only one factor among many and may not significantly affect the application on its own.
Address public charge concerns before filing
It’s important not to wait for USCIS or consular officers to raise concerns. With the help of a qualified immigration lawyer, anticipate and mitigate potential weaknesses to a present a more compelling application.
Suppose there are issues involving sponsorship, income, assets, or benefit use. Poviding additional documentation may help strengthen the case. . In some circumstances, evidence of future self-sufficiency may help offset concerns about past receipt of public benefits.
Obtain Legal Guidance from a Well-Qualified Immigration Lawyer
Green card applicants can prevent many challenging public charge concerns by thorough preparation and legal guidance from a well-qualified Los Angeles immigration lawyer. Whether you’re starting your first application or working through an existing complication, our team at ALG Lawyers is ready to assess the specifics of your circumstances. Arrange a one-on-one consultation now for your green card application or any immigration-related concern.
FAQs on How You Can Avoid Public Charge Issues in Your Green Card Application
Does USCIS automatically deny an application if the initial evidence is insufficient?
USCIS doesn’t automatically deny an application if the initial evidence is insufficient. In many cases, they may send you a written notice, either a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), if your application is missing information and requires additional documentation before a final decision can be made. However, if an officer decides that your request lacks any legal basis for approval, they can issue a denial immediately.
Can receiving benefits negatively impact your green card application?
USCIS does not treat all government help the same. While some benefits can affect a U.S. green card application under the public charge rule, many others do not count toward it. In general, receiving benefits, such as SSI, TANF cash assistance, state and local cash assistance for income maintenance, and long-term institutionalization at government expense, may be considered in public charge determination and affect your eligibility for a US green card.
Is it still possible to get a US visa despite public charge concerns?
A public charge concern is not always a permanent barrier to getting a US visa. However, you must present a strong, well–documented case proving your ability to support yourself financially, such as through bank statements, income records, and sponsor documents. The exact financial proof required will depend on the type of visa you’re applying for and whether you have a sponsor.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)