While the public charge ground can be challenging and confusing for many, it is critical to note that not all permanent resident applicants are subject to this ground of inadmissibility. Notably, asylees and refugees are not subject to the public charge ground. Additionally, this ground does not apply to VAWA self-petitioners, T and U visa holders, and children who will automatically acquire U.S. citizenship upon receipt of their permanent residency.

Family, investment, diversity, special immigrant, and certain employment-based immigrants are subject to the public charge ground of inadmissibility. For family-based immigrants, USCIS and the Department of State require an Affidavit of Support from the petitioner. Diversity, employment-based, investment, and most special immigrant-based applicants, while subject to the inadmissibility ground, do not require an affidavit of support.

The affidavit of support is an important tool in ensuring an immigrant is not barred from receiving permanent residency due to the likelihood of becoming a public charge in the future. The forms are often confusing to many applicants. Generally, a petitioner must show that he or she earns sufficient income to support their household plus the immigrant and/or the immigrants’ family. To determine the minimum income, refer to Form I-864P, which is updated annually based on the federal poverty guidelines.  If the petitioner does not have sufficient income, a joint sponsor can be used.

Finally, some applicants (intending immigrants) may be eligible to submit Form I-864W, which is a request for an exemption from the affidavit of support requirement. An applicant can use this form if he or she either: (1) has earned or can receive credit for 40 quarters of coverage under the Social Security Act, as evidenced by a Social Security earnings statement, (2) is a child who will automatically acquire citizenship upon receipt of permanent residence, (3) is a self-petitioning widower, or (4) is a VAWA self-petitioner.