USCIS Gives New Guidance on Aliens Subject to the Public Charge Ground of Inadmissibility

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 chargeCategories 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

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