Houston Attorney Explains the Impact of Public Charge on Residency Applications

The public charge rule has raised concerns among Cubans seeking permanent residency in the United States, but its effect varies based on the immigration pathway chosen by each individual. John Dutton, an attorney at John Dutton Law PLLC in Houston, Texas, provides clarity on the matter: those adjusting their status under the Cuban Adjustment Act are shielded, while others pursuing residency through different routes face a much different situation.

"We understand that the public charge does not affect residency for individuals under the Cuban Adjustment Act. That is clear," stated John Dutton in an interview with Tania Costa for CiberCuba.

The issue arises when a Cuban initially applies under this law and later opens a second pathway for residency, such as marrying a U.S. citizen and filing a family petition. In such cases, the statutory exemption of the Cuban Adjustment Act does not apply, leaving the applicant subject to the standard public charge assessment.

"There are other groups who have submitted applications because after applying for the Cuban Adjustment, or from other nationalities, they received or married an American citizen and have submitted adjustment of status petitions through these family petitions. So, it's crucial to be very careful," the attorney warned.

Regulatory Changes Intensify Challenges

The regulatory landscape complicates the scenario further. On September 18, 2026, a new final public charge rule by DHS, released on July 20, is set to take effect. This rule broadens the discretion of USCIS officials to evaluate factors like age, health, financial situation, education, and use of public benefits. While the exemption for Cubans under the Cuban Adjustment Act remains intact, those processing through family channels face a more rigorous scrutiny.

De Rojas pointed out that inaccuracies in forms are now being used by the government as grounds for denial. "We already know that the government is measuring this to deny residencies."

John Dutton Law has responded by tightening its own internal procedures. "We have instructed our paralegals to exercise extreme caution when filling out these forms, which were previously simpler. Even if something was missing, they would send us a request for evidence or consult us, and now we know that any error or detail could lead to denials," explained Dutton.

Work Without Permission and Tax Implications

Another area causing confusion among Cubans is working without authorization and its connection to taxes. Attorney John Dutton was straightforward: "Just because you work without a work permit, it doesn’t make you ineligible for the Cuban Adjustment."

However, tax history can play a role in evaluations. De Rojas explained that a judge might look favorably upon someone who worked without authorization but met their tax obligations: "Okay, they didn't work with permission, but they paid their taxes. So, one can balance the other, which is quite different from saying, I worked but didn't file taxes. That could indeed be detrimental."

The firm advises clients never to lie to USCIS about their work history. "To this day, our clients, by telling the truth and stating they have worked even without a work permit, have become residents," assured De Rojas.

Regarding taxes, the recommendation is to consult an accountant before taking action: anyone who received a W-2 or a 1099 is obligated to report to the IRS, regardless of whether they had a work permit. This scenario is part of a general tightening of adjustment of status interviews by USCIS since 2025, with increasingly stringent requirements to approve cases within the United States.

If you have questions about the public charge or other immigration requirements, stay informed with our U.S. Immigration section, where we cover everything you need to know to navigate the residency process.