The United States has seen several different versions of the “public charge” rule. The most recent change was submitted to the Federal Register on November 17, 2025 by the Department of Homeland Security.
Federal agencies are required to publish proposed rules and accept public comments so the public can review, understand, and provide input before a rule becomes final. To date, no changes to “public charge” have become final.
What is public charge?
The term “public charge” refers to someone who will be mainly reliant on the government for basic needs. The United States has seen several rules to determine whether someone will rely on government benefits. The assessment can include someone’s age, health, education, and income. If the government determines that an individual will become or be a “public charge,” they will be denied admission into the United States.
Public charge is typically reviewed during family-based green card applications, adjustment of status cases, and during immigrant visa processing at U.S. consulates abroad. Exceptions and waivers exist.
What changes have been proposed?
The current Administration is proposing changes to how immigration officers evaluate whether an individual is likely to become a “public charge.” Under the proposal, officers would apply a “totality of the circumstances” test, meaning they would review the applicant’s overall situation rather than relying on a fixed list of factors. This broader approach could allow officers to consider public benefit use more flexibly, potentially increasing the risk of denial in some cases. The proposal also raises concerns for mixed-status families, who may be indirectly affected by how benefits are evaluated. Overall, this shift could lead to less predictability in adjudications and require applicants to submit more comprehensive evidence, such as proof of employment prospects, stable income, and financial support.
At this time, it is important to note that the rule published in the Federal Register is only a proposal and is not yet final. However, these developments follow the Administration’s decision to pause immigrant visa processing for 75 countries. According to the Department of State, the pause is part of a broader review of policies and guidance to assess whether immigrants from certain countries may rely on public assistance or be considered a public charge.
We’re Here to Help
If you’re considering pursuing a family-based green card, this is a good time to review final documentation and ensure your affidavit of support is properly prepared. Our firm helps families understand their options and address concerns like public charge with clarity and care.
If you have questions about how this proposed rule may affect you or a loved one, please contact Associate Attorney, Natalia Meade, at nmeade@psbplaw.com.
