Across the country, many immigrant families are hearing news about proposed changes to the federal public charge rule. The public charge rule affects who can be denied a visa or green card based on the belief that they may become dependent on government-funded assistance.
These new proposals could significantly expand how public charge is evaluated by immigration and consular officers, and they have raised understandable questions and concerns within immigrant communities. At Odunlami Law, we know how important it is for families to have accurate, practical information so they can make informed decisions about their future.
Below is an overview of what is being proposed, what it could mean for immigrants seeking visas or green cards, and how you can stay prepared.
What Is the Public Charge Rule and Why Is It Changing?
The public charge test has existed in immigration law for more than 100 years. In simple terms, it allows the government to deny a visa or green card if an officer believes someone may become primarily dependent on government-funded support in the future.
Under the 2022 public charge rule (currently still in effect), public charge determinations are limited to whether a person receives:
- Cash assistance (such as SSI or TANF), or
- Long-term government-funded institutional care
The new proposals from both the Department of Homeland Security (DHS) and the Department of State (DOS) would broaden that standard significantly. Officers would have more discretion to consider additional factors, including various health conditions, financial resources, and use of non-cash public benefits, when deciding if an applicant is likely to become a public charge.
The proposed rules have not yet taken effect, but they reflect a meaningful shift in how immigration applications may be reviewed in the future.
What Changes Are Being Proposed?
The proposals include several major updates that could affect applicants seeking a visa, entry into the United States, or adjustment of status.
Expanded Review of Health Conditions
Consular officers would consider a wider range of chronic conditions — such as obesity, diabetes, heart disease, cancer, high blood pressure, respiratory illnesses, and certain mental health conditions — when assessing whether someone may have high future medical costs.
Officers could also weigh whether an applicant has the financial means to obtain care without relying on government-funded programs.
Greater Examination of Financial Support
The proposals suggest a more detailed review of a person’s:
- Savings and assets
- Employment prospects
- Access to medical insurance
- Sponsor’s financial ability, beyond just filing an Affidavit of Support
Under the draft policy, even a complete and valid Affidavit of Support would not automatically satisfy public charge concerns.
Possible Consideration of Additional Public Benefits
The new DHS proposal could allow officers to consider immigrants’ or sponsors’ use of other benefits, such as:
- SNAP
- Medicaid
- CHIP
- Housing assistance
- WIC
These programs are not currently considered in public charge decisions, but the proposal indicates they might be in the future.
Changes for Applicants Outside the United States
A separate DOS cable (affecting U.S. embassies and consulates abroad) instructs visa officers to weigh additional factors such as:
- Age and ability to work
- English proficiency
- Long-term projected medical needs
- Health conditions of family members
- Likelihood of maintaining employment and insurance over time
Applicants for both immigrant and non-immigrant visas could see increased scrutiny under these guidelines.
Who Could Be Affected by These Changes?
If finalized, the expanded public charge rules could apply to:
- People applying for green cards (inside or outside the U.S.)
- Applicants seeking temporary visas, such as visitor, student, or work visas
- People seeking entry into the U.S.
- Individuals who must leave the U.S. to complete consular processing
Advocacy groups estimate that hundreds of thousands of applicants each year could be affected.
It is also important to know that many immigrants — including undocumented individuals — are not eligible for most federal benefits in the first place. However, the proposed changes may create confusion or fear among families, including U.S. citizen children who are eligible for certain programs.
What Immigrant Families Should Keep in Mind
These proposals are not final. But while the rules are under consideration, families should take steps to stay informed and protect their immigration goals.
Understand What Benefits You or Your Family Actually Use
Not every program will count against an applicant, and some benefits belong to U.S. citizen family members, not the applicant themselves. Understanding this distinction is important and should be part of the discussion with your immigration attorney.
Keep Accurate Records of Your Finances and Medical Insurance
If the rules change, officers may look more closely at:
- Health insurance coverage
- Employment history
- Savings or assets
- Sponsor financial documentation
Organizing these records now can help prevent delays later.
Medical Conditions Alone Do Not Automatically Lead to Denial
The concern is not the condition itself, but whether the officer believes the applicant might rely on government-funded long-term care. Many applicants with chronic conditions are still admissible when they can show financial stability and access to treatment.
Avoid Making Decisions Based on Fear
Advocates warn that some families may avoid medical care or benefits for their eligible children due to fear of immigration consequences. Before stopping or declining benefits, talk with a licensed immigration attorney who can help you understand what applies to your situation.
How Odunlami Law Can Support You During These Changes
Immigration policies can shift quickly, and proposals like these may create anxiety for families who have worked hard to build stable lives in the United States. At Odunlami Law, we are committed to helping immigrants understand how new developments may affect their applications and what steps they can take to prepare.
If you have questions about:
- Whether your public benefit use could affect your case
- How a medical condition may be viewed under the proposed rules
- Whether a sponsor’s income or support is sufficient
- How to strengthen a current or future visa or green card application
Our team of immigration attorneys is here to offer guidance with compassion and clarity. You deserve accurate information and support tailored to your circumstances.
