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 SNAP (food stamps), TANF, Public housing, Section 8, and Medicaid.

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. The new policy allows immigration officials to include the use of any benefits that are based on having a low income when making a public charge determination, starting September 18, 2026. The rule does not name any specific programs and allows officials to use their own judgment. The rule says that it will only apply to immigration applications filed on or after September 18, 2026.

The public charge determination still excludes benefits that are not based on having a low income or that are based on work.

These benefits will not affect the public charge test:

• Social Security
• Unemployment Benefits
• Workers’ Compensation
• Veteran’s Benefits
• Medicare

Immigrants with additional questions should talk with a lawyer.

Q. What if some people in my family get public benefits, and others do not?

A. The new policy allows officials to consider a dependent's use of benefits in a public charge determination. Officials can also consider the applicant’s economic conditions during the time their dependent used benefits.

Q. What if someone will have an interview at the consulate? How does Public Charge affect them?

A. Public Charge is applied differently outside the U.S., using rules from the Department of State.

Speak with an immigration lawyer if you must leave the U.S. to adjust your status or if you have a family member applying for a visa from abroad. 

Q. How do I know if public benefits or Public Charge could affect my immigration options?

A. Our guide is currently under construction as we adjust the tool to the new policy. Check back here soon for the latest information!

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.