Understanding the New Public Charge Rule: What Colorado Immigrants Need to Know from an Immigration Lawyer

As a local immigration law firm, we understand how overwhelming and complex U.S. immigration law can be for people seeking immigration status options— and how changes to policy, such as the public charge rule, can raise urgent questions and concerns. This article explains the current public charge regulation, how it may affect immigrants in Colorado, and steps you can take to minimize risk. If you have questions or believe the public charge rule may impact your status, contact our firm. Our experienced immigration lawyers can provide tailored advice to your situation.

When facing questions about the public charge rule or other immigration matters, it is crucial to seek advice from an experienced immigration lawyer who can guide you through compliance obligations and help you ensure the strongest possibility of obtaining or maintaining legal status. Call today to schedule a consultation to learn more about your legal rights and options.

What Is the Public Charge Rule?

The concept of “public charge” is a ground of inadmissibility under U.S. immigration law. It allows immigration authorities to deny an application for a visa or adjustment of status (i.e., applying for a green card). An application can be denied under the public charge rule if the immigration authority determines that the applicant is likely at any time in the future to become primarily dependent on government assistance for subsistence.

In September 2022, the Department of Homeland Security adopted a final public charge rule that largely restores the traditional approach to public charge—focusing on cash assistance and long-term institutionalization (for example, in a nursing home), rather than broad categories of welfare.

Key features of the 2022 final rule include:

• A reliance on the “totality of the circumstances” test, in which immigration officers weigh various positive and negative factors.
• An emphasis on whether someone is likely to receive designated public benefits for more than 12 months (in aggregate) within any 36-month period.
• Exempting most non-cash benefits, Medicaid health services (outside of long-term institutional care), food programs, emergency services, and COVID-19-related benefits from consideration.
• A prohibition on using vaccination or COVID-19 treatment in public charge determinations.

Because of these changes, many immigrants, who once feared that use of public benefits would jeopardize their status, may have greater confidence to access essential services when needed.

Who Is Subject to the Public Charge Rule?

Not all immigrants are evaluated under the public charge ground. Whether it applies to you depends on the type of application you file, your immigration category, and whether you are considered a foreign national under U.S. immigration law.

The public charge test generally applies when:

• You apply for a visa for entry to the U.S. (consular processing), or
• You file for adjustment of status (Green Card) under forms such as Form I-485.

The public charge rule typically does not apply to:

• Asylees, refugees, and those seeking asylum
• Applicants adjusting status under certain protections (e.g., some human trafficking victims, VAWA self-petitioners)
• Applicants under Temporary Protected Status (TPS)
• Applications not involving adjustment to permanent residence
• Use of public benefits during periods when the applicant was in a status exempt from public charge

If you are unsure whether your category is exempt from public charge review, consulting an immigration attorney can help you clarify how this regulation applies to your case.

How USCIS Makes the Public Charge Determination

When evaluating whether an immigrant is likely to become a public charge, USCIS will examine five statutory factors under the totality of the circumstances: age; health; family status; assets, resources, and financial status; and education and skills.

Each immigration case is evaluated individually, with USCIS considering the specific facts and statutory factors relevant to that case.

Negative Factors (Potential Risks)

Some factors may count against you, especially if they are heavily weighted:

• Receipt of designated public benefits exceeding the 12-month threshold
• Lack of current or historical employment
• Low income, limited assets, or high debt
• Health conditions that may require significant medical care
• Very advanced or very young age
• Lack of education or skills
• Weak or no financial sponsorship (Form I-864), as failing to provide adequate sponsorship can negatively impact the determination
• Poor credit, bankruptcy, or other financial liabilities

Positive Factors (Offsets or Mitigating Elements)

Highlighting these positive factors can improve your chances of success in the public charge evaluation. USCIS will also consider positive aspects that may offset risks:

• Strong income, assets, or savings
• A robust Affidavit of Support (Form I-864 or I-864EZ)
• Consistent employment and a good work history
• Higher education, professional skills, or occupational licenses
• Sponsorship by a financially capable supporter
• Health insurance and community support
• Evidence that use of public benefits was minimal, brief, or non-designated

What Public Benefits Do and Don’t Count

A central concern many immigrants have is whether accessing essential programs could jeopardize their immigration process. Under the 2022 rule, only certain public benefits are counted by USCIS.

It is important to note that employers may also provide support or benefits, such as employer-sponsored health insurance or relocation assistance, which are not considered in the public charge determination.

Benefits That Count (May Be Considered)

• Cash assistance programs for income maintenance (e.g., SSI, TANF)
• Long-term institutional care funded by public programs

If an applicant receives these benefits beyond the 12-month threshold (in aggregate), those months may count as negative factors in the public charge determination.

Benefits That Do Not Count

• Medicaid for medical care (excluding long-term institutionalization)
• CHIP (Children’s Health Insurance Program; benefits provided to children, such as CHIP, are not considered in the public charge determination)
• Emergency medical services
• Food assistance (e.g., SNAP, WIC)
• Housing programs (except long-term institutional care)
• COVID-19 testing, treatment, or vaccination
• School services, public health programs

Thus, many beneficiaries can access health care, nutrition, and housing support without fear of negative impact—under the final rule.

Understanding the Immigration System

Understanding the U.S. immigration system can be overwhelming for many immigrants, families, and foreign nationals, especially when faced with complex immigration laws and evolving policies. The process involves a maze of regulations, forms, and government agencies, making it essential to have experienced legal guidance every step of the way. This is where an immigration attorney becomes invaluable.

Immigration attorneys are experienced in helping clients understand their immigration options, whether they are seeking family-based immigration, employment-based visas, asylum, or other forms of relief. From the initial consultation to the final decision, our immigration lawyers provide comprehensive immigration services, seeking to ensure that every petition, application, and piece of evidence is properly prepared and submitted to the appropriate government agency, such as U.S. Citizenship and Immigration Services (USCIS).

A critical aspect of the immigration process is understanding your immigration status. Immigration status determines your rights, responsibilities, and eligibility for benefits in the United States. Whether you are a lawful permanent resident, a non-immigrant visa holder, or an asylum applicant, knowing your status—and how to maintain or adjust it—is crucial. Immigration attorneys can clarify your current status, explain your options, and help you make informed decisions about your future.

Deportation defense is another area where legal representation is essential. Facing removal proceedings can be one of the most stressful experiences for any immigrant or family. A competent immigration lawyer can advocate on your behalf, present evidence, and develop strategies to protect your right to remain in the country. In many cases, having an experienced attorney can make the difference between deportation and a successful outcome.

Family-based immigration is at the heart of many immigration cases. Reuniting families and helping family members obtain green cards or visas is a core part of an immigration law office’s practice. Immigration attorneys assist with every stage of the process, from verifying eligibility to submitting petitions and supporting documentation, ensuring that families can stay together and build their lives in the United States.

For those in Fort Collins, Colorado, and throughout the state, finding the right immigration attorney is key. Local immigration lawyers understand the challenges faced by Colorado residents and are familiar with the practices of regional government agencies. They offer confidential consultations, personalized guidance, and dedicated representation tailored to each client’s needs.

Ultimately, the immigration system is a journey that requires deep legal knowledge, diligence, and compassion. By working with an experienced immigration attorney, individuals and families can approach the process with confidence, knowing they have a trusted advocate on their side. Whether you are seeking to adjust your status, defend against deportation, or bring family members to the United States, the right legal guidance can help you achieve your goals and secure your future.

How to Minimize Public Charge Risks

While every case is unique, here are practical strategies that may reduce the risk of being found inadmissible under public charge:

• Carefully plan the timing and duration of benefit use.
• Rely on exempt benefits whenever possible.
• Secure a strong affidavit of support from a financially stable sponsor.
• Emphasize positive factors: assets, strong employment history, education/skills, stable family support.
• Include evidence of ability to overcome negative factors.
• Maintain up-to-date records (bank statements, tax returns, employment contracts, lease, health insurance).
• Consult an immigration lawyer before taking benefits if you are in the process of applying for a visa or green card.

Common Questions: Public Charge FAQ

Does public charge apply to me if I am already a lawful permanent resident or U.S. citizen?

No. The public charge ground of inadmissibility applies to visa, entry, or adjustment of status applications. U.S. citizens are not subject to the public charge rule.

Will using Medicaid or food stamps hurt my green card application?

Under the 2022 final rule, general Medicaid health care, SNAP, WIC, and most nutrition or housing assistance do not count in public charge determinations.

What does the “12 months in aggregate” threshold mean?

If an applicant receives one or more designated benefits for a total of more than 12 months during a 36-month period, even if non-consecutive, that may count against them in the public charge analysis.

Can past receipt of benefits hurt my case?

Yes, but only if past use meets relevant thresholds or becomes a strong negative factor.

Do I have to refuse help for my family out of fear of public charge?

No. For those who are not under public charge review or for benefits that are exempt, using programs you qualify for should not adversely affect your status.

What if I already received disqualifying benefits?

If you already received benefits beyond the 12-month threshold, an attorney can help analyze whether you may overcome that negative factor with sufficient positive factors.

What if I’m applying through a U.S. consulate abroad (not adjustment of status)?

Public charge may still apply in consular processing. The same factors and exemptions generally apply.

Can USCIS consider disability or medical expenses in public charge decisions?

Health is one of the statutory factors. A serious condition may weigh against an applicant if it suggests high medical cost burdens, but evidence of health insurance or family support may offset it.

How does the process of naturalization relate to public charge?

Public charge does not apply to naturalization applicants. Once you become a U.S. citizen through naturalization, you are no longer subject to public charge determinations.

What are common immigration issues that may arise during the public charge process?

Common immigration issues include concerns about eligibility, prior benefit use, and potential complications that could affect adjustment of status or consular processing. Legal assistance can help address or prevent immigration issues related to public charge.

Can I apply for asylum if I am facing persecution based on religion or other protected grounds?

Yes. If you are fleeing persecution due to your religion, race, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum in the U.S. Religion is one of the protected grounds for asylum eligibility.

How an Immigration Attorney Can Assist

An immigration attorney can:

• Evaluate whether you are subject to public charge scrutiny
• Help you compile documentation to strengthen your case
• Advise whether and when to apply for adjustment of status
• Strategize on which benefits to use or avoid
• Assist in preparing affidavits of support and financial evidence
• Represent you in communications with USCIS or consular officers
• Help you contest a public charge denial

To get personalized assistance with your situation, schedule a consultation with an experienced immigration lawyer.

Schedule A Consultation With An Experienced Public Charge Immigration Attorney

The return to a more traditional public charge standard is a relief to many immigrants who feared that broad welfare use would block their immigration goals. But it is not without nuance. Understanding which benefits count, how USCIS weighs factors, and how to present your case is essential. Keep in mind that public charge rules and immigration policies can differ between countries, so it is important to consider the specific requirements of your destination.

If you are in Colorado and concerned about how the public charge rule affects your immigration pathway, do not wait. Seek personalized guidance from a trusted immigration law firm.

Contact Anzen Legal Group today to schedule a consultation with an immigration attorney. We are here to review your case, clarify potential issues related to public charge, and help you pursue your immigration goals with confidence.