How You Can Avoid a Public Charge-Based Green Card Denial

Published: April 7, 2025

Inadmissibility is one of the prevalent barriers to securing a US green card. When deemed inadmissible, you will be denied a green card and, in numerous instances, a nonimmigrant visa. 

While some grounds of inadmissibility are evident, others are easy to overlook. 

For instance, the likelihood of becoming a public charge can make someone inadmissible. It can occur when someone becomes primarily dependent on need-based government support. Waivers of inadmissibility provide a means for many people to overcome legal barriers to immigration. 

However, not all inadmissible applicants can apply for a waiver.  In particular, those seeking lawful permanent resident status cannot waive the public charge ground of inadmissibility, except for certain limited exceptions applicable to specific categories of applicants.

In this post, we’ll explore the different factors considered when determining a public charge and how to avoid being denied a green card due to this specific ground of inadmissibility. 

Factors Considered When Determining a Public Charge

Section 1182 of  Title 8 of the United States Code (USC) specifies the likelihood of becoming a public charge as a ground for inadmissibility. This public charge rule applies when applying for a US visa, trying to enter the US, or requesting an adjustment of status. 

When determining if someone is likely to become a public charge, the US Citizenship and Immigration Services (USCIS) evaluates the applicant’s totality of the circumstances. The factors highlighted below can make an applicant particularly at risk of being classified as a public charge: 

• Those at the extreme ends of the age spectrum, such as the elderly
• Those with severe disease or disability who don’t have health coverage
• Those with a long record of getting public assistance in their home country
• Those with limited financial means or substantial debts
• Those who lack education or job skills can negatively impact their employability

Steps to Avoid a Public Charge-Based Green Card Denial

No single factor will automatically lead to a public charge-based green card denial. Even if your income is low, you can overcome the public charge of inadmissibility. You can take the following proactive steps to establish financial stability and enhance your chances of a successful green card application: 

• Suppose you’re applying for a family-based green card. Submit a strong Affidavit of Support with comprehensive documentation, detailing that your sponsor satisfies the income requirement. 
• Show proof of financial stability, such as an employment offer, bank statements, and asset ownership documents. 
• Be careful about using government cash benefits or long-term care paid for by Medicaid.
• Emphasize a strong support network of your family or friends in the US who can provide financial support. 
• Provide evidence of current or planned health insurance coverage to manage future medical costs and potential reliance on government assistance. 
• Prepare your green card application with a qualified immigration attorney to ensure eligibility and avoid pitfalls. 

Contact ALG Lawyers to Avoid Green Card Denials

Public charge inadmissibility remains a significant concern for many green card applicants, particularly those with limited financial capacity. With the guidance of a Los Angeles immigration lawyer, you can improve your chances of not being denied a green card. 

Our team at ALG Lawyers can assist in preparing a strong application and minimizing the risk of being found inadmissible due to public charge. Contact our law firm today for further assistance tailored to your specific immigration needs.