How do the USCIS and DOS decide whether someone is admissible or eligible for adjustment of status under the public charge rules?
In deciding whether an alien is likely to become a public charge, the law requires that the USCIS (in the U.S.) or State Department (overseas) take certain factors into account, including the alien’s age, health, family status, assets, resources, financial status, education and skills. The government official examines all of these factors, looking at the “totality of the circumstances” concerning the alien, to make a forward-looking decision. No single factor –– other than the lack of an Affidavit of Support, if one is required –– can be used as the sole basis for finding that someone is likely to become a public charge. As described below, non-cash benefits and certain special-purpose cash benefits will not be taken into account under the “totality of circumstances” test.
