Whether a person is likely to become a public charge is usually considered when someone is trying to become a permanent resident (get a green card).
It is also considered when someone applies for certain non-immigrant or other temporary benefits, for example when someone seeks an extension of their non-immigrant status.
But there are exceptions. There are certain groups who are either exempt from public charge or who may get a waiver for public charge when applying, with USCIS, for a Green Card or other benefits.
These groups include:
- Refugees
- Asylum applicants
- Refugees and asylees applying for adjustment to permanent resident status
- Amerasian Immigrants (for their initial admission)
- Individuals granted relief under the Cuban Adjustment Act (CAA)
- Individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA)
- Individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA)
- Individuals applying for a T Visa
- Individuals applying for a U Visa
- Individuals who possess a T visa and are trying to become a permanent resident (get a green card)
- Individuals who possess a U visa and are trying to become a permanent resident (get a green card)
- Applicants for Temporary Protected Status (TPS)
- Certain applicants under the LIFE Act Provisions.