“Public charge” is a term that you’re likely to come across in U.S. immigration, especially if you’re applying in a family-based category. Learn more about what it means to be deemed likely to become a public charge in the context of U.S. immigration and find instructions for avoiding this label below.
What Does it Mean to be Deemed Likely to Become a “Public Charge?”
A public charge is reliant on U.S. government benefits to financially support them. If you’re deemed likely to become a public charge when applying for U.S. immigration benefits, this means you are inadmissible into the United States, and you will not be able to enter. The U.S. government stipulates that family-based applicants must obtain financial sponsorship from their petitioner (a family member who is a U.S. citizen or permanent resident) to sustain a life in the United States without relying on government benefits.
How to Avoid Being Labeled a Public Charge
To avoid being labeled a public charge, it is required to file Form I-864, Affidavit of Support, with USCIS. The form is designed to help USCIS determine your likelihood of becoming a public charge. On the I-864, your sponsor will need to provide information relevant to their financial status, such as:
- Their residential history to prove that they have sustainable income in the United States.
- Their employment history.
- Their current employment.
- Their income.
An I-864 sponsor’s ability to financially support the individual applying for U.S. immigration benefits is determined by their annual salary. If the sponsor is an active duty service member, they must earn an annual salary that is equivalent to 100% of the Health and Human Services (HHS) poverty guideline for their geographical location and household size. All other sponsors are required to earn an annual salary that is 125% of the HHS poverty guideline for their geographical location and household size.
Find more information on how to file an Affidavit of Support with USCIS, including filing fees, addresses, and processing times in the I-864 instructions. Here, you can also find specific criteria for who needs to file Form I-864.
