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971 Chapter 6:Non-citizens • Section 1: Introduction (07/2026) • U.S. citizens. This includes:
Those who are born in the United States, and
Those who have naturalized. • Green card holders including:
People with green cards who are applying for U.S. citizenship, and
Those renewing their green card. Note: Green card holders who leave the United States for 180 consecutive days or more are subject to public charge criteria when they return. • Active military service members and their families • Immigrants who are in the United States for humanitarian reasons. For example:
Refugees
Asylees (including people applying for asylum)
People with Temporary Protected Status (TPS)
Violence Against Women Act (VAWA) self-petitioners
T or U visa applicants or holders
People with Special Immigrant Juvenile Status (SIJS)
Certain parolees, and
Other categories of non-citizens. What public benefits are listed under public charge rule? The 1999 rule is narrower in scope. Only a couple of programs may be used to determine public charge status. As written: “USCIS may consider a non-citizen’s use of the following in deciding whether to issue a green card: • Cash Welfare, such as Supplemental Security Income (SSI), cash Temporary Assistance for Needy Families (TANF) and state General Assistance. • Institutionalization for long-term care, such as residing in a nursing home or mental health facility at government expense.” Note: Acceptance of these forms of public cash assistance could make a non-U.S. citizen inadmissible as a “public charge” if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident or deportable on public charge grounds. Which ODHS programs are not considered to determine public charge status?