The final rule applies to applicants for admission and to aliens who wish to adjust their status to that of lawful permanent resident of the United States. The final rule also applies to applicants for extension of stay and change of status.

The final rule does not apply to:

• US citizens, even if the US citizen is related to a non-citizen who is subject to inadmissibility on public charge grounds; or

• Foreigners who have been acquitted by Congress of inadmissibility for reasons of public charge, such as:

• Refugees;
• asylum seekers;
• Afghans and Iraqis who have special immigrant visas;
• Certain nonimmigrant victims of crime and human trafficking;
• People who apply under the Violence Against Women Law;
• Young special immigrants; and
• Those who have been granted a waiver of inadmissibility by DHS on public charge grounds.

Public benefits that DHS will not consider

Benefits Received by Members of the U.S. Armed Forces Under the final rule, DHS will not consider public benefits (as defined in the final rule) received by an alien who (at the time of receiving benefits, or at the time of filing or adjudicating the application for admission, adjustment of status, extension of stay or change of status) is enlisted in the United States Armed Forces, or is on active duty or in any component of the Armed Forces of the States States of the Forces Ready Reserve.

Benefits Received by Spouses and Children of Members of the US Armed Forces DHS will also not consider public benefits received by the spouse and children of such members of the Armed Forces (described above).

Benefits Received by Children Born or Adopted by US Citizens Living Outside of the United States. The rule also states that DHS will not consider public benefits received by children, including adopted children, who will acquire US citizenship.