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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.
If you’ve recently received the exciting news that your O-1 visa has been approved, congratulations! The O-1 is a prestigious visa, granted only to individuals who can demonstrate extraordinary ability in their field — whether it’s O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics, or O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Getting O-1 approval is no small feat, and it’s a true validation of your talent and hard work. But for many O-1 visa holders, that approval brings up the next big question — what’s the path to securing a green card? For those aiming to remain in the United States permanently, the EB-1A visa is often the natural next step. It’s also known as the green card for individuals of extraordinary ability, which makes it a close cousin to the O-1. Obtaining U.S. permanent residency through EB-1A involves two steps: 1) securing approval of the EB-1A immigration petition (Form 1-40) and 2) adjusting status to that of permanent resident or seeking consular processing. However, while these two categories share similarities, they are not identical. The EB-1A standard is significantly higher, and many O-1 holders underestimate just how much more evidence they need to present to qualify for permanent residency. The good news is, if you’re proactive and strategic about building your case, you can significantly improve your chances of success. Understanding the Difference Between O-1 and EB-1A Both the O-1 and EB-1A visas focus on individuals with extraordinary ability, but they serve different purposes. The O-1 is a temporary work visa that allows you to come to the U.S. to work on specific projects or for a particular employer. It requires a U.S. sponsor to file the petition on your behalf. The EB-1A, by contrast, is an immigrant visa — it is the first step toward obtaining permanent residency. Because the EB-1A leads to permanent residency, its eligibility standards are even higher. You must not only demonstrate extraordinary ability but also show that your recognition is sustained over time and that your work has had a lasting impact on your field. What Can You Reuse From Your O-1 Case? If you put together a strong O-1 petition, some of the evidence you submitted will still be valuable for EB-1A. This includes your awards, media coverage, expert letters, and proof of memberships in prestigious organizations. But the EB-1A demands more — you need to go beyond showing what you’ve accomplished and prove that your influence is ongoing, impactful, and recognized at a national or international level. How to Strengthen Your Case While on O-1 One of the smartest moves you can make is to use your time on the O-1 visa to actively strengthen your EB-1A profile. This means seeking out opportunities to get your work featured in top-tier media, publishing more original contributions, judging competitions, and taking leadership roles in your professional community. Every action you take to enhance your visibility and influence. Final Thoughts — The Path from O-1 to EB-1A is Achievable You may not be able to file your EB-1A today, but we can help you build your case step by step. Whether you need guidance on strengthening your profile, identifying the right evidence, or preparing a strategic filing plan, our team is here to support you. If you’re currently on an O-1 visa and you believe you may be eligible for an EB-1A visa in the future, we encourage you to contact our office. Our experienced attorneys have helped countless individuals successfully navigate this path, and we would be happy to review your case and create a personalized roadmap for your green card journey.
In January 2025, the U.S. government introduced a mandate requiring all individuals without legal status in the country to register with federal authorities. This initiative aims to enhance national security and ensure compliance with existing immigration laws. If you or someone you know is affected by this change, it's essential to understand the specifics of this requirement and how to comply. Who Is Already Registered? Many individuals have already fulfilled their registration obligations through prior interactions with U.S. immigration authorities. You are considered registered if you have been issued any of the following documents: Lawful Permanent Resident Card (Green Card) Form I-94 or I-94W (Arrival/Departure Record), even if the period of admission has expired Immigrant or nonimmigrant visa issued before arrival Employment Authorization Document (EAD) Border Crossing Card Additionally, if you have applied for lawful permanent residence using forms such as I-485, I-687, I-691, I-698, or I-700, even if the applications were denied, or if you were paroled into the U.S. under INA 212(d)(5), you have met the registration requirement. Who Needs to Register Now? If you have not been registered through any of the means mentioned above, you are required to register under the new mandate. This includes: Individuals aged 14 or older who were not registered and fingerprinted when applying for a visa and have remained in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days. Parents or legal guardians of children under 14 who have not been registered and have been in the U.S. for 30 days or longer. They must register their children before the 30-day period ends. Any individual who turns 14 years old in the U.S. and was previously registered. They must apply for re-registration and fingerprinting within 30 days after their 14th birthday. Notably, American Indians born in Canada who entered the U.S. under section 289 of the INA and members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act are exempt from this requirement. How to Register The U.S. Citizenship and Immigration Services (USCIS) is developing a new form and process for registration. Starting February 25, 2025 , individuals required to register should create a USCIS online account in preparation for the registration process. Once the process is implemented, registrations will be submitted through this online account. Important Considerations Registration Is Not an Immigration Status: Completing the registration does not grant any immigration status, employment authorization, or other rights or benefits under U.S. law. Consequences of Non-Compliance: Failure to comply with the registration requirement may result in fines, imprisonment, or both. At Santos Lloyd Law Firm, P.C., we are committed to guiding you through this process with compassion and expertise. Our trusted immigration lawyers are here to provide the information and assistance you need during this time. For personalized guidance and support, please contact Santos Lloyd Law Firm, P.C., and speak with one of our experienced immigration attorneys. We are dedicated to helping you navigate these changes and securing a hopeful future.
On January 20, 2025, President Donald Trump signed an Executive Order imposing new restrictions on migrants, including limitations on asylum and humanitarian protections. The order directs the Department of Homeland Security (DHS) to terminate all categorical parole programs that conflict with U.S. policies , which includes parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan nationals. Additionally, this provision could impact parole programs for individuals from Afghanistan, Ukraine, and other countries. Beyond restricting parole, the executive order introduces several border security measures , including building more physical barriers, increasing the number of border personnel, and stopping the use of the CBP One mobile application . The order specifically directs the Department of Defense (DOD) and DHS to build more border walls to establish what it calls “complete operational control” of the southern border. Additionally, it ordered the immediate shutdown of the CBP One mobile app, which previously allowed asylum seekers to schedule appointments at U.S. Ports of Entry. As a result, all existing appointments have been canceled immediately . The order also initiates the reinstatement of the “Remain in Mexico” program , also known as the Migrant Protection Protocols (MPP) , across all sectors of the southern border. Under MPP, asylum seekers must remain in Mexico while awaiting the outcome of their U.S. immigration court proceedings, significantly altering the process for those seeking refuge in the country. These measures reinforce the Trump administration's broader effort to restrict asylum and humanitarian protections at the U.S. border . If you or someone you know may be affected by this executive order, it is essential to stay informed and understand your legal rights. Consulting with an immigration attorney can help navigate these evolving policies and ensure the best course of action moving forward.
