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The federal government’s final public charge rules are now in effect. Get the facts about public charge & immigration.
Rules about public benefit programs and immigrants are confusing. But benefits can help your family stay healthy and thrive.
Click Use the Guide to see if public benefits could affect different immigration options.
Public Charge Rule Update - May 1, 2023: Keep your Medicaid
What are Public Benefits and Public Charge?
Not all immigrants face a public charge test. Click to learn which immigrants are affected.
Only a few public benefits programs are included in the public charge test. Click here to learn about benefits.
Most immigrants who face a Public Charge test are not eligible for the benefits that are considered in this test.
Public Charge Rule
Some immigration applications have a Public Charge test. An immigration officer uses this test to decide if a person is likely to depend financially on the government in the future.
Public Benefit Programs
Public Benefits are help from the government for basic needs like health care, housing, food, or cash. They can be from the federal, state, or local government. Read below to see which Public Benefits count for Public Charge.
Who is affected by the Public Charge Rule?
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It does not apply to:
• U.S. Citizens or people applying for citizenship.
• Lawful Permanent residents (Green Card holders) unless the Green Card holder leaves the U.S. for more than 6 months. A Public Charge assessment can apply when they try to return.
• People applying for Green Card renewal or DACA renewal.
• People applying for TPS, U or T Visas, Asylum or Refugee Status, Special Immigrant Juvenile Status or VAWA.
• People who have a U or T Visa or VAWA status even if they apply for a Green Card through a family-based petition.
• People applying for a Green Card based on a U or T visa, Special Immigrant Juvenile Status, VAWA or Asylum/Refugee status.
For a complete list, visit the Public Charge page. -
It may apply to:
• Immigrants applying for Lawful Permanent Residence (Green Card) through a family-based petition.
• Lawful Permanent Residents who leave the U.S. for 6 months or more at one time and seek to re-enter.
• People seeking to enter the U.S. temporarily as "non-immigrants".
Which Public Benefits are included in the Public Charge Rule?
Only these benefits obtained for the immigrant:
- Cash Assistance: Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); State or local general relief/assistance
- Medicaid for long-term, institutional medical care, like a nursing home
The Public Charge rules look at benefits received for the person applying for a Green Card through a family petition. And most immigrants who face a public charge test don't qualify for the benefits that are counted in the Public Charge rule. The rule does not look at benefits used by family members, including children, who are not applying for a green card.
Many Public Benefits are not included in the Public Charge Rule
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Everyone needs health care.
These benefits will not affect immigration options:
• Medicard programs (except for long-term, institutional care, like nursing home benefits)
• Affordable Care Act
• Medicare
• County hospitals and clinics
• COVID-19 testing, treatment & vaccination -
Good nutrition is always important.
These benefits are not counted in a Public Charge test:
• SNAP (food stamps)
• State-funded nutrition assistance
• Food pantry programs
• Child Nutrition Programs
- Women, Infants and Children (WIC)
- School Lunch and Breakfast -
We all need a place to live.
These benefits do not affect immigration options:
• Public Housing/Section 8 subsidies
• Local shelters/other housing assistance -
Your rights as a worker are protected.
These benefits are not counted in a Public Charge test:
• Unemployment
• Social Security Retirement/Disability
• Workers' Compensation
• Tax credits
Do Public Benefits Affect Immigration Options?
Answer a few questions to see if public benefits affect different immigration options. The guide is safe and private. There are no personal questions. The results can help you decide what is best for you and your family.
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