The rule only applies to people applying for green cards and people seeking admission to the U.S. from abroad. The public charge rule does not apply if
you are applying for citizenship; you already have a green card (you’re already a Lawful Permanent Resident), unless you leave the country without permission for more than 180 days at one time and return [1]; you are renewing your green card; you are replacing your lost or stolen green card; you are a naturalized citizen; you are applying for a green card based on an approved U Visa or T Visa; you are applying for a green card based on an approved VAWA Self-Petition; you are applying for a green card based on an approved Special Immigrant Juvenile Petition; or you are a refugee or asylee. If you are in one of these categories, you can use ANY benefits you qualify for, including cash aid, health care, food programs, and other non-cash programs. This is true for both the current rule and the new rule.
The new rule also affects requests to extend a non-immigrant visa or to change your non-immigrant status. An example of a request to extend a non-immigrant visa would be asking to stay longer on a visitor’s visa. An example of a request to change status would be asking to change from a student visa to an employment visa. Under the new rule, USCIS would not consider if you are more likely than not to be a public charge in the future. Instead, they will only look at whether you have gotten public benefits for more than 12 months in the 36-month period since you obtained nonimmigrant status.
you are applying for citizenship;
you already have a green card (you’re already a Lawful Permanent Resident), unless you leave the country without permission for more than 180 days at one time and return [1];
you are renewing your green card;
you are replacing your lost or stolen green card;
you are a naturalized citizen;
you are applying for a green card based on an approved U Visa or T Visa;
you are applying for a green card based on an approved VAWA Self-Petition;
you are applying for a green card based on an approved Special Immigrant Juvenile Petition; or
you are a refugee or asylee.
If you are in one of these categories, you can use ANY benefits you qualify for, including cash aid, health care, food programs, and other non-cash programs. This is true for both the current rule and the new rule.
The new rule also affects requests to extend a non-immigrant visa or to change your non-immigrant status. An example of a request to extend a non-immigrant visa would be asking to stay longer on a visitor’s visa. An example of a request to change status would be asking to change from a student visa to an employment visa. Under the new rule, USCIS would not consider if you are more likely than not to be a public charge in the future. Instead, they will only look at whether you have gotten public benefits for more than 12 months in the 36-month period since you obtained nonimmigrant status.