Yes. The Biden Administration’s new public charge rule took effect on December 23, 2022. This is thanks to the Biden Administration’s policy changes and to litigation against the Trump Administration’s public charge rules, including our cases, MRNY v. Cuccinelli (against the DHS public charge rule) and MRNY v. Pompeo (against the Department of State public charge rule, and related policies). The new Biden Administration rule largely tracks the 1999 Federal Guidance, which other than the brief time the Trump rule was in effect, has governed public charge determinations for more than two decades.

The answer to this question remains the same. The public charge rule applies to the following groups:

• People in the U.S. who are in the process of applying for green card status through a family member, employer, or through the Diversity Visa lottery.
• People who already have a green card but who are seeking to re-enter the U.S. after traveling abroad either (a) for more than 180 days consecutively, or (b) with certain criminal convictions (or both).
• People applying to change or extend their nonimmigrant visas.

Note: Anyone planning to apply for a green card; who is trying to change/extend their nonimmigrant visa; or who already has a green card and is planning to travel abroad for more than 180 days in a row or has certain criminal convictions, should learn about public charge unless exempt (see below).

The answer to this question has not changed. People in the categories listed below DO NOT need to worry about being denied a green card because of public charge.

People who are not applying for a green card:

• U.S. citizens, or people applying to become a citizen through naturalization.
• People who already have their green card (including people who have conditional status) (unless traveling abroad for more than 180 days or with certain criminal convictions).
• LPRs traveling abroad for fewer than 180 days in a row (and who have no criminal convictions).
• People with a non-immigrant visa, or who lack any status, and do NOT plan to apply for a green card in the next 36 months and do NOT plan to change or extend their non-immigrant visas. (Consult a lawyer if you are unsure whether you would be eligible to apply for a green card.)

People who may be applying for a green card, but are exempt from public charge:

• Refugees, asylees, and people seeking cancellation of removal.
• Special Immigrant Juveniles (SIJ); Special Immigrant Visa Holders (Afghan or Iraqi nationals who helped the U.S.).
• VAWA, U, and T Visa applicants and holders.
• Persons eligible to adjust under the Cuban Adjustment Act (CAA), Nicaraguan Adjustment & Central American Relief Act (NACARA), Haitian Refugee Immigration Fairness Act (HRIFA), or Liberian Refugee Immigration Fairness Act.

Under the current rules only receipt of the following benefits are treated negatively:

a. Cash assistance, Supplemental Security Income (SSI);
b. Government funded long-term institutional care;

No. No medical care available in New York related to COVID-19 and any other condition counts against a person subject to public charge. Based on prior experience, however, we expect that many noncitizens will be concerned about the public charge consequences of receiving treatment even if they are not actually subject to public charge review.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.