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FAQs and Resources
What is Public Charge and what benefits are included?
Find answers and information sources to these and other public charge questions
Frequently Asked Questions
Learn more before making decisions about public benefits for you and your family. Here are a few Frequently Asked Questions to get you started:
Q: What are public benefits?
A: Public benefits are government benefits like food, cash, housing, and medical assistance for people with low or no income.
Examples include:
- Food Assistance Program (SNAP) / Hoosierworks Card
- TANF
- Women, Infant, and Child (WIC) program
- IN Housing and Community Development Authority
- Public Housing
- Section 8
- Medicaid
- a.Hoosier health wise for children under the age of 18
- b.Children’s Health Insurance Program (CHIP)
- c.Children’s Special Health Care Services (CSHCS)
- d.Healthy Indiana Plan
Q. What is "Public Charge"?
A. Public Charge is a rule for some people applying for Lawful Permanent Residence (Green Card) or certain other visas to enter the U.S. It mainly affects people who are applying based on a family petition. someone who depends too much on public benefits could be considered a "public charge". Immigration officers may deny the application if they decide someone is likely to become a public charge. They consider a person's health, age, income, family/sponsor support, skills, education, and if they get certain public benefits.
The Public Charge rules do not affect everyone, and not every public benefit is included in the test.
Q. Does the Public Charge rule apply to all immigrants?
A. No. The rule does not affect:
- U.S. Citizens or Applicants for Citizenship.
- Lawful Permanent Residents (Green Card holders). Note: if a Green Card holder leaves the U.S. for six months or longer at one time, the Public Charge rule can apply when they try to return.
- People applying for Green Card renewal, DACA renewal, TPS, U or T Visas, Asylum or Refugee status, Special Immigrant Juvenile Status, or VAWA.
- People who have 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.
There are other, less common immigration statuses that are not affected by the Public Charge rule. For a longer list, click here.
Q. Does the Public Charge rule include every public benefit?
A. No. Many benefits are not included in the Public Charge rule. See the benefits list below.
Using these benefits won’t affect the public charge test:
- Medicaid programs (except for long-term care/nursing home benefits) like:
- Hoosier Healthwise (Medicaid & CHIP) program for those under the age of 19 and pregnant individuals.
- Healthy Indiana Plan (HIP)
- WIC (Special Supplemental Nutrition Program for Women, Infants, and Children)
- Children’s Health Insurance Program (CHIP)
- IN Aged, Blind, and Disabled
- Hoosier Care Connect
- Indiana Pathways for Aging
- Program of All-Inclusive Care for the Elderly (PACE)
- IN Home and Community Based Services
- Community Integration and Habilitation Waiver Program
- Health and Wellness Waiver
- Family Supports HCBS Waiver
- Program of All-Inclusive Care for the Elderly (PACE)
- Children’s Special Health Care Services (CSHCS)
- Food Assistance Program (SNAP) / Hoosier Works Card is used to provide nutrition assistance
- Indiana School Meals
- Food Bank or Pantries, for example:
- Midwest Food Bank of Indiana
- Gleaners Food bank
- Food Bank or Pantries, for example:
- Indiana School Meals /Child Nutrition Programs
- Indiana Women, Infants and Children (WIC)
- National School Lunch Program
- School Breakfast Program
- After School Snack Program
- Special Milk Program
- Fresh Fruit and Vegetable Program
- Special Dietary Needs
- Child & Adult Care Food Program
- Summer Food Service Program
- Community Eligibility Provision
- Public housing/housing subsidies
- Section 8/Housing Choice Vouchers (HCV)
- Housing Choice Vouchers
- HUD-Veterans Affairs Supportive Housing program
- IN Housing & Community Development Authority
- Anderson Housing Authority
- Bloomington Housing Authority
- Columbus Housing Authority
- East Chicago Housing Authority
- Elkhart Housing Authority
- Evansville Housing Authority
- Fort Wayne Housing Authority
- Gary Housing Authority
- Hammond Housing Authority
- Indianapolis Housing Agency
- Jefferson Housing Authority
- Kokomo Housing Authority
- Lafayette Housing Authority
- Merriville Housing Authority
- Muncie Housing Authority
- New Albany Housing Authority
- Richmond Housing Authority
- South Bend Housing Authority
- Terre Haute Housing Authority
- Indiana Housing Now
- Section 8/Housing Choice Vouchers (HCV)
- Medicare
- Disaster relief
- National school lunch or school breakfast programs
- Foster care and adoption
- Head Start
- AIDS Drug Assistance Program (ADAP)
- Premium Tax Credit under the ACA
- Earned Income Tax Credit (EITC) or Child Tax Credit
- Low Income Home Energy Assistance and Home Heating Credit / Weatherization Assistance Program
Only these benefits are in the Public Charge test:
- Cash assistance for income maintenance
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF) and State or local general relief/assistance
- Long-term, medical care in an institution, like a nursing home or psychiatric hospital paid for by the government like:
- Indiana Long Term Care Insurance Program
- Indiana Nursing Home Medicaid
*Note: Most immigrants who face a public charge test are not eligible for cash benefits.
Immigrants with additional questions should talk to a lawyer.
Q. What if some people in my family get public benefits, and others do not?
A. The Public Charge rule focuses on the person applying for a Green Card through a family-based petition. Most immigrants who are applying for a Green card through a family-based petition are not eligible for the benefits listed in the public charge rule.
It does not consider benefits used by their family members.
Q. What if someone will have an interview at the consulate? How does Public Charge affect them?
A. The rules should be the same as the rules for people interviewing at U.S.C.I.S. offices.
Q. How do I know if public benefits or Public Charge could affect my immigration options?
A. Use the Public Charge Guide to learn more about different situations.
Q. Do I qualify for government benefits?
A. Each benefit has different rules about income and immigration status. If you need help for food, health care, cash, or housing for you and your family, contact your social services agency.
Go to https://fssabenefits.in.gov/bp//#/ to learn more about benefits and eligibility in Indiana
Find Help: Enter your zip code and get a list of immigration legal services
More Resources
Here is more information from our partners at Protecting Immigrant Families, and other experts:- Protecting Immigrant Families https://pifcoalition.org/
- Public Charge: Getting the Help You Need
- National Immigration Law Center nilc.org
- IWC Connect https://immigrantwelcomecenter.org/
- Patchwork Indy https://www.patchworkindy.org
- La Plaza https://www.laplazaindy.org/es/
- Covering Kids and Families https://www.ckfindiana.org/
- Indiana Legal Services https://www.indianalegalservices.org/ilrc/
- EXODUS Refugee Immigration https://www.exodusrefugee.org/
- Coalition for our Immigrant Neighborshttps://coalitionforourimmigrantneighbors.org/
- Firefly Children & Family Alliance http://coalitionforourimmigrantneighbors.org
- Community Compass https://www.indyhunger.org/
- https://www.indianaaid.org
Do Public Benefits Affect Immigration Options? Use the Guide to find out.













