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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.
Nov 12, 2024: Important Update for Immigrant Families
What are Public Benefits and Public Charge?
Not all immigrants face a public charge test. Only non-citizens in certain categories will face the test. Click to learn which categories of non-citizens are affected.
Only a few public benefits programs are included in the public charge test. Click here to learn about benefits.
New York has expanded non-citizen eligibility for public benefits, but many people who are eligible for benefits will not face a public charge 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.
Which non-Citizens Face a Public Charge Test?
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It does not apply to:
• People applying for citizenship (and people who have already become U.S. Citizens)
• Lawful permanent residents (LPRs or green card holders), unless the green card holder leaves the U.S. for more than 6 months or with certain criminal convictions. A public charge assessment can apply when they try to return.
• People applying for green card renewal or DACA renewal.
• People who have TPS, U or T visas, asylum or refugee status, Special Immigrant Juvenile Status (SIJ) or VAWA status.
• People applying for TPS, U or T visas, refugee status, SIJ or VAWA.
• Applicants for asylum should be aware of special concerns.* Applicants for LPR/green card status who are applying based on U or T visa, SIJ, VAWA or asylum/refugee status.
*People who received benefits as an asylum applicant but who end up applying for lawful permanent residence (a green card) through a family-based petition instead of as an asylee (either because their asylum application was denied or they decided to apply via a family-based petition before their asylum application was approved) should be aware: any benefits received while an asylum applicant may be counted in the public charge test.
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 or with certain criminal convictions and seek to reenter.
• 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. 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:
• Medicaid 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/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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