All aliens applying for adjustment of status to that of a lawful permanent resident are subject to the public charge ground of inadmissibility unless they are applying in an immigration category that is exempt. Below is a complete list of categories who are subject to and the categories that are exempt from the public charge ground of inadmissibility:
| Categories that are subject to public charge | Categories that are not subject to public charge |
|---|---|
| Spouses, children, and parents of U.S. citizens Unmarried sons and daughters of U.S. citizens and their children Spouses, children, and unmarried sons and daughters of LPRs Married sons and daughters of U.S. citizens and their spouses and children Brothers and sisters of U.S. citizens Fiancé(e)s of U.S. citizens Amerasians based on preference category, born on or after Dec. 31, 1950, and before Oct. 22, 1982 Widows or widowers of U.S. citizens Priority workersProfessionals with advanced degrees or aliens of exceptional ability Skilled workers, professionals, and other workersInvestors Religious workers Certain employees or former employees of the U.S. government abroad Panama Canal Zone employees Foreign medical school graduates Retired employees of international organizations U.S. armed forces personnel International broadcasters Diplomats or high-ranking officials unable to return home (Section 13 of the Act of September 11, 1957) Diversity visa immigrantsCertain entrants before Jan. 1, 1982 Alien witnesses or informants | Asylees and refugees Amerasian immigrants at admission Afghan and Iraqi interpreters or Afghan and Iraqi nationals employed by or on behalf of the U.S. government Cuban and Haitian entrants at adjustment of status under section 202 of the Immigration Reform and Control Act of 1986 Applicants seeking adjustment under the Cuban Adjustment Act Nicaraguans and other Central Americans who are adjusting status to lawful permanent resident Haitians who are adjusting status to lawful permanent resident under the Haitian Refugee Immigration Fairness Act of 1998 Lautenberg parolees Special immigrant juveniles Applicants for registry Applicants seeking Temporary Protected Status Certain nonimmigrant ambassadors, ministers, diplomats, and other foreign government officials, and their families Victims of human trafficking (T nonimmigrants) Victims of qualifying criminal activity (U nonimmigrants) Self-petitioners under the Violence Against Women Act Certain battered aliens who are “qualified aliens” under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Applicants adjusting status who qualify for a benefit as surviving spouses, children, or parents of military members American Indians born in Canada who are not U.S. citizens Certain members of the Texas Band of Kickapoo Indians of the Kickapoo Tribe of Oklahoma Nationals of Vietnam, Cambodia, and Laos applying under the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2001Polish and Hungarian parolees Certain Syrian nationals Applicants adjusting under the Liberian Refugee Immigration Fairness law |
