How Does Receipt of Public Assistance Affect My Application for an Adjustment of Status (AOS)?
Kevin Swartz • February 4, 2022
Click here to read this article in Portuguese
The answer to this question changed considerably after President Biden rolled back some of former President Trump’s harsh immigration policies. In 2019, Trump had issued an executive order known as “The Public Charge Final Rule,” which caused the receipt of most public assistance programs to negatively impact AOS applications, and with few exceptions (e.g. emergency services and Medicaid recipients who were pregnant or under the age of 21).
Under the current administration, your receipt of public assistance may continue to negatively affect your AOS petition, but only under limited circumstances. It depends on 1) what your current immigration status is; 2) the type of public assistance you are receiving; and 3) what your personal circumstances are.
If your current immigration status is that of asylee or refugee, then your past or current receipt of public assistance will generally not affect your application for adjustment of status (AOS). If you are not an asylee or refugee, the following applies.
With respect to the type of assistance received, United States Customs and Immigration Services (USCIS) will evaluate whether your past or current receipt of public assistance indicates that are likely to become a “public charge,” meaning someone who is primarily dependent on the government for subsistence. Your application will be denied if, at the time of your application, USCIS finds that you are currently a public charge or will likely to become a public charge at some point in the future.
In making its determination, USCIS may consider only certain factors, however: the extent to which you relied on 1) public assistance for income maintenance; and 2) whether you have required long-term care in an institution at the government’s expense. The following types of public assistance fall within the first category (public assistance for income maintenance) and will negatively affect your application in certain situations:
- Supplemental security income (SSI);
- Temporary Assistance for Needy Families (TANF) cash assistance; state and local cash assistance programs that provide benefits for income maintenance (often called ‘general assistance’ programs);
- Programs to support applicants who are institutionalized for long-term care, e.g. in a nursing home or mental health institution)
The longer you rely on cash assistance or institutional care listed above, the more heavily USCIS will weigh it against your application. But, even if you have relied on one of the public assistance programs listed above, or required long-term institutional care for a period of time, USCIS may not necessarily deny your AOS application. USCIS is required to evaluate this information within the context of the totality of all your personal circumstances. Your personal circumstances include many different factors, including but not limited to: your age, health, family situation, financial status, the resources available to you, education, and vocational skills.
If you received non-cash benefits (other than institutionalization for long-term care) or special-purpose cash benefits that were not for income maintenance, USCIS will not weigh that against you. The following is a non-exhaustive list of non-cash benefits that will not negatively affect your application:
- Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases;
- Use of health clinics, short-term rehabilitation services, and emergency medical services (other than support for long-term institutional care;
- Children’s Health Insurance Program (CHIP);
- Nutrition programs, including food stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs;
- Housing benefits;
- Child care services;
- Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP);
- Emergency disaster relief;
- Foster care and adoption assistance;
- Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education;
- Community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
- State and local programs that are similar to the programs listed above
How will my AOS application be affected if my family member is the one who is receiving public assistance, not me?
If your family member currently or previously relied on public assistance, but not as their sole means of financial support, USCIS will not weigh that benefit against you in evaluating your application. But if your family member currently or previously relied on public assistance as their sole means of financial support, then USCIS will make a case-by-case determination. They will evaluate your family member’s public assistance along with the totality of your personal circumstances to determine whether you are likely to become a public charge at some point in the future.
Can Trump’s old policy be reinstated if Biden loses the next election?
While it is very possible that the next republican administration may reject Biden’s current policy and once again disfavor AOS petitions from public assistance recipients, such a change will unlikely apply retroactively to AOS petitions filed during the current administration. Trump’s 2019 executive order, the “Public Charge Final Rule” applied only to applications that were filed on or after that executive order went into effect. Therefore, assuming the next Republican administration reissues the same executive order as Trump’s 2019 “Public Charge Final Rule,” that change will apply only to those petitions filed after that executive order is reissued.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.
The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for nationals from Honduras, Nicaragua, Nepal, Haiti, and Cameroon. These longstanding protections are set to expire, putting many individuals at risk of deportation.
For individuals applying under the O-1A or EB-1A categories , both reserved for professionals with extraordinary ability, letters of recommendation are a critical part of the petition. These expert testimonial letters offer valuable insight into your accomplishments, reputation, and influence within your field. When written properly, they help demonstrate that you truly stand out as someone who has risen to the very top of your profession. Many petitions submitted by highly accomplished individuals fall short because the recommendation letters are vague, overly personal, or fail to clearly explain why the applicant meets the legal standard of extraordinary ability. That is why taking the time to prepare your recommenders effectively is not just helpful. It is essential to build a strong and persuasive case. First, it is important to help your recommenders understand the purpose of the letter . This is not a casual reference or character recommendation. It is a formal declaration to U.S. Citizenship and Immigration Services that you possess extraordinary ability in your area of expertise. The letter must describe your achievements in concrete terms and explain why your work has had a significant impact and recognition within your field. Many professionals, no matter how accomplished, are unfamiliar with the specific requirements of the O-1A and EB-1A categories. It is helpful to provide them with a short explanation of what is needed, and in some cases, a sample or outline to guide them. Selecting the right recommenders is just as critical as the content of the letters themselves. While USCIS gives greater weight to letters from independent experts, independence should not be confused with distance. The ideal recommender is someone who knows your work well and can provide specific and credible insight into your contributions, impact, and reputation in the field. A letter from someone who barely knows you, or one that focuses more on the recommender’s own accomplishments than yours, is unlikely to carry much weight with USCIS. A common mistake is submitting letters that read more like summaries of the recommender’s resume than a meaningful evaluation of your achievements. While a brief introduction of the recommender’s qualifications is important to establish credibility, the focus must remain squarely on you , your work, your innovation, and the ways in which your impact is considered extraordinary. The strongest letters go beyond general praise. They include clear and detailed examples of how your contributions have influenced others in your field or led to measurable outcomes. To make the letter as accurate and persuasive as possible, you should provide your recommenders with a summary of your most important professional milestones. This might include major awards, media coverage, patents, publications, notable leadership roles, or metrics showing the commercial or scientific success of your work. Well-prepared recommendation letters serve as both evidence and narrative. They help fulfill specific legal requirements and also tell the story of how and why your work has earned you distinction. In a category defined by terms like extraordinary ability, it is important that every part of your petition reinforces that standard. At Santos Lloyd Law Firm, we work closely with our clients and their recommenders to develop strong and compelling testimonial letters that meet USCIS expectations and highlight each applicant’s unique contributions.
