A public charge is an immigrant who is considered likely to become primarily dependant on the government for subsistence. The Immigration and Naturalization Service (INS) designates who is a public charge. Immigrants who are hoping to become legal permanent residents are subject to public charge scrutiny. Immigrants who are already legal permanent residents of the United States may also be subject to public charge scrutiny but rarely ever are unless they leave the country for more than 180 consecutive days.

In general, merely receiving a government benefit, with the sole exception of institutionalization for long-term care at government expense, is not a factor in determining whether an immigrant will become a public charge. Refugees and asylum seekers are not subject to public charge determination.

A finding by the INS of being a public charge can result in the denial of permission to enter the United States or the denial of an attempt to change status to become a legal permanent resident of the country. In certain extreme cases, it can result in deportation, although this is very rare and subject to numerous regulations.