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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 Department of Transitional Assistance (DTA) benefits like SNAP and HIP and other benefits administered by other agencies including WIC, public housing, unemployment assistance, and MassHealth.
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:
- MassHealth programs (except for MassHealth payment for long term nursing home care)
- Health Safety Net
- Medicare
- Medicare Savings Programs (also known as the MassHealth Senior Buy-in or the Buy-in)
- Low cost insurance from the Health
- Connector including ConnectorCare
- Receiving care at a community health center
- The Children’s Medical Security Program (CMSP)
- Prescription Advantage or other programs of the Executive Office of Aging and Independence
- Flu vaccine and other immunizations or programs funded by Massachusetts or local health departments
- COVID-19 testing, treatment & vaccination
- SNAP/EBT (supplemental nutrition benefits)
- HIP (Health Incentive Program)
- WIC (Special Supplemental Nutrition Program for Women, Infants and Children)
- Free and reduced-cost school meals
- Massachusetts Public Housing
- Rental Assistance for Families in Transition (RAFT)
- Boston’s Rental Relief Fund and otherMassachusetts rental assistance programs and housing vouchers
- Emergency Assistance shelter and HomeBASE
- Homeless shelters in Boston and throughout Massachusetts, Massachusetts Housing Development Programs
- Federal and State Low income Housing Tax Credits
- Tax stimulus
- Federal and State Tax credits (including CTC, EITC, ACTC)
- Unemployment assistance
- Small Business Administration loans & grants
- Refugee Cash Assistance
- Worker’s compensation
- Federal and State Student Loans and Grants
- Energy assistance, including Low Income Home Energy Assistance Program (LIHEAP)
- Non-cash Massachusetts Veteran Benefits
- Social Security retirement, and survivors&disability benefits
- Social Security Disability Insurance(SSDI)
- SUN Bucks or Summer EBT
- Unemployment assistance
- Earned Income Tax Credit (EITC)
- Transportation Access Passand reduced fares
- Foster careandadoption services
- Subsidized Early Education and Care
- Head Start
- Affordable Connectivity Program (ACP)
Only these benefits* are in the Public Charge test:
- Cash assistance for income maintenance
- MassHealth for long-term institutionalized care at government expense, like a nursing home or psychiatric hospital.
*Note: Most immigrants who face a public charge test are not eligible for cash benefits. Receipt of cash benefits solely on behalf of another, such as by a parent on behalf of a child, will not be considered in a public charge determination, even if the individual assists with the application process.
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. Find out more at https://www.mass.gov/orgs/department-of-transitional-assistance.
More Resources
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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:
Do Public Benefits Affect Immigration Options? Use the Guide to find out.
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