For decades, immigrants applying for U.S. green cards or certain visas have feared that accepting public benefits could jeopardize their status. The law considers whether a person is “likely at any time to become a public charge,” but Congress never defined that term. Over the years, administrations have crafted policies that tilt between a narrow definition (focused on cash assistance or long‑term institutionalization) and a broader view. On November 17, 2025, the Department of Homeland Security (DHS) proposed a sweeping change: rescinding the 2022 public‑charge rule and replacing it with a new interpretation that could consider any past or future use of means‑tested public benefits. This proposed rule is already generating confusion and anxiety among immigrants, families and service providers.
This column explains the current rule, what DHS is proposing, why it matters, and how immigrants can protect their future status.
How the Current Public‑Charge Rule Works
Under immigration law, consular officers and U.S. Citizenship and Immigration Services (USCIS) must evaluate whether a non‑citizen applying for a visa, admission or adjustment of status is likely to become a public charge. In March 2021 the Biden administration vacated the 2019 public‑charge rule and reinstated the 1999 Field Guidance, leading to a new 2022 rule. The 2022 rule defines a public charge as an individual who is primarily dependent on the government for subsistence, demonstrated either by public cash assistance for income maintenance or long‑term institutionalization at government expense. Benefits such as Supplemental Nutrition Assistance Program (SNAP), Medicaid (except for long‑term care), Children’s Health Insurance Program (CHIP), housing vouchers and other means‑tested programs are not considered. Officers must consider statutory factors—age, health, family status, assets/resources/financial status, education and skills—alongside an affidavit of support, and they cannot deny a case solely because the applicant once used non‑cash benefits.
The 2022 rule thus assures families that enrolling in programs like SNAP or Medicaid will not automatically harm their green‑card applications. It also clarifies that benefits received by family members do not count against the applicant.
What the November 2025 Proposal Would Change
On November 17, 2025, DHS published a Notice of Proposed Rulemaking (NPRM) that would scrap the 2022 rule and remove all regulatory limitations on the benefits considered. DHS proposes to “move away from a bright‑line primary‑dependence standard” and instead allow officers to determine whether a person is likely to become a public charge based on the totality of circumstances and the statutory factors. The proposal would:
- Eliminate definitions for “public cash assistance for income maintenance” and “long‑term institutionalization”, and remove the definition of “receipt” of benefits. This means there would no longer be a limited list of benefits that count.
- Allow consideration of any means‑tested public benefit, including SNAP, Medicaid and housing assistance. DHS notes that the statute does not restrict officers to a narrow list of benefits, and the agency believes a broader view is more faithful to congressional intent.
- Rescind sections of the 2022 rule that codify the minimum factors and evidence needed; officers would rely on the statute, precedent decisions and future guidance.
Because the NPRM would rescind the 2022 rule before new guidance is issued, no clear standard would replace it immediately. DHS suggests officers would use statutory factors, relevant precedent and their discretion until DHS issues new policy guidance. The NPRM also does not specify whether an immigrant’s use of benefits on behalf of a child or spouse would be considered, leaving advocates worried.
Why This Matters for Immigrants
- Expanded Benefit Consideration
The biggest change is that any past or future use of means‑tested benefits could weigh against an applicant. Under the 2022 rule, non‑cash programs like SNAP, Medicaid and housing vouchers were safe; the NPRM proposes to count them. Applicants may be found inadmissible even if they used benefits for a short time or as a child, because the rule removes the requirement that dependence be the primary means of subsistence. Families that relied on public assistance during the pandemic or economic downturn could be at risk.
- Increased Uncertainty and Discretion
The proposal would eliminate clear definitions and rely on officer discretion, increasing unpredictability. Without defined benefit lists, applicants may not know which programs are safe. Officers may make inconsistent decisions across offices and cases, causing confusion. The proposed rule does not provide guidance on how much weight to give past benefit use or how long officers should look back.
- Chilling Effect and Fear of Accessing Benefits
Many immigrants already avoid public benefits out of fear. The NPRM could amplify this chilling effect, discouraging families—including U.S. citizen children—from accessing nutrition, healthcare and housing assistance. This could worsen health and economic disparities and may contravene public health goals. Advocates warn that confusion could cause people to forgo needed medical care or food support unnecessarily.
- Not Yet the Law, But It Requires Attention
It is critical to understand that this is a proposed rule, not yet in effect. DHS must review public comments and may modify or withdraw the proposal. The existing 2022 public‑charge rule remains in force until DHS issues a final rule. However, the proposal signals a significant policy shift, and planning ahead is prudent, especially for those preparing to file green‑card or visa applications in the coming years.
Practical Guidance for Immigrants
- Do not panic or disenroll from essential programs. The 2022 rule is still the law; non‑cash benefits like SNAP, Medicaid (excluding long‑term institutional care), housing vouchers, and WIC do not count against you. Disenrolling could harm your family’s wellbeing without providing legal benefit.
- Keep thorough records. If you have ever used public benefits, keep documentation showing when and why you received them, and whether they were one‑time or short‑term. Officers may consider context under any future rule.
- File sooner if eligible. If you are ready to apply for a green card, consular processing or adjustment, filing under the current rule may avoid future uncertainty. Processing times vary, so consult an attorney about timing.
- Participate in the comment process. DHS is accepting public comments on the NPRM until December 19, 2025. Submitting a comment allows you to share how the proposed rule might harm your family or community.
- Consult an immigration attorney. Every case is unique. An attorney can evaluate your benefit history, advise on timing, and help you respond to changes. If you are concerned about a particular benefit or plan to apply for immigration benefits soon, seek legal counsel.
Why Legal Representation Matters
Immigration law is complex, and policy shifts can drastically alter outcomes. The proposed public‑charge rule has broad implications for adjustment of status, consular processing, and consular non‑immigrant visas. An experienced immigration attorney can:
- Analyze your eligibility under the current rule and evaluate whether the proposed changes affect you.
- Recommend whether to apply now or wait, based on your circumstances.
- Assist in gathering financial evidence and affidavits of support.
- Explain how to navigate benefit usage and avoid unintentional consequences.
- Represent you before USCIS or consular officers if questions arise about public benefits.
Need Help With an Immigration Matter?
If you are preparing to apply for a green card, visa, or any other immigration benefit, getting the right guidance at the right time can make an enormous difference. U.S. immigration rules are constantly shifting, and even small details in your history or documentation can shape the outcome of your case.
At Song Law Firm, our immigration team handles a broad range of complex cases and stays fully current on policy and procedural developments. We work closely with clients to understand their goals, identify potential issues in advance, and build strategic, well-supported filings that strengthen their chances of success.
If you have questions about your immigration options or need guidance on how to move forward, contact us today at 201-461-0031 or mail@songlawfirm.com. Let us help you take the next step with confidence.
Disclaimer: This column provides general information and should not be construed as legal advice for your specific situation. Immigration policies change frequently; consult an attorney to understand how they apply to you.
