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), Cash Assistance (Safety Net Assistance (SNA)/Family Assistance (FA)), 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 or with certain criminal convictions, the public charge rule can apply when they try to return.
• People applying for green card renewal, DACA renewal, TPS, U or T visas, or refugee status, Special Immigrant Juvenile Status (SIJ), or VAWA. Applicants for asylum should be aware of special concerns.*
• 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.

*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 they receive while an asylum applicant may be counted in the public charge test.

There are other, less common immigration statuses that are not affected by the Public Charge rule. 

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 institutional long-term care/nursing home benefits)
• Enrollment in and health care from the Essential Plan
• SNAP (food stamps)
• Public housing/housing subsidies
• “One-Shot Deals” for rent arrears
• WIC (Special Supplemental Nutrition Program for Women, Infants, and Children)
• Medicare
• Disaster relief
• National school lunch or school breakfast programs
• Summer EBT
• Foster care and adoption
• Head Start
• Children’s Health Insurance Program (CHIP), known as Child Health Plus (CHP) in New York
• AIDS Drug Assistance Program (ADAP)
• Premium Tax Credit under the ACA (New York State of Health)
• NYC Care (NYC only)
• Earned Income Tax Credit (EITC) or Child Tax Credit
• COVID-19 testing, treatment & vaccination

Only these benefits are in the Public Charge test:

• Cash assistance for income maintenance

- Supplemental Security Income (SSI)

-Cash Assistance, including Safety Net Assistance (SNA) and Family Assistance(FA) /Temporary Assistance for Needy Families (TANF)

• Long-term medical care in an institution, like a nursing home or psychiatric hospital paid for by the government

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.

The public charge rule only considers benefits for which the person applying for the green card is eligible and in receipt of. 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: Has New York State expanded who is eligible for Cash Assistance since the current public charge rule came out?

A: Yes. New York expanded eligibility for Cash Assistance to various categories of non-citizens, including persons who are subject to the public charge test.

Q: Under the current rules, who is eligible for Cash Assistance and also subject to the public charge test?

A: The main category of non-citizen that is both eligible for Cash Assistance and subject to the public charge test is applicants for LPR status/a green card with a pending family based petition (I-485). In addition, persons on whose behalf an immediate relative petition (I-130) has been approved are eligible for Cash Assistance. Assuming they move ahead and apply for LPR status/a green card, they will face a public charge test. Finally, applicants for asylum are eligible for Cash Assistance. They will never be subject to a public charge test if they apply for lawful permanent residence (green card) as an asylee. However if the asylum application is denied or they decide to apply for LPR status/a green card via a family-based petition before their asylum application is approved, they will face a public charge test. In this circumstance, Cash Assistance that they received while an asylum applicant would be treated negatively in the public charge test, but the amount of Cash Assistance and the duration of receipt, and/or past receipt of these benefits alone will not be a sufficient basis to determine whether the person is a public charge. See the next question and answer.

Q: Is someone at risk automatically going to be found a public charge because they receive Cash Assistance?

A: No. Remember, the totality of circumstances are considered. There is no rule that the receipt of Cash Assistance means someone will automatically be determined a public charge. The current USCIS public charge guidance explains: https://www.uscis.gov/archive/public-charge-0

Q: Does the current and/or past receipt of public benefits automatically result in an applicant being found likely at any time to become a public charge?

A: No. USCIS considers current and/or past receipt of public cash assistance for income maintenance and long-term institutionalization at government expense in the totality of the circumstances, taking into account the amount, duration, and recency of the receipt. Current and/or past receipt of these benefits alone is not a sufficient basis to determine that an applicant is likely at any time to become a public charge.

The past or current receipt of public cash assistance for income maintenance and long-term institutionalization at government expense is only one factor we consider in the totality of the circumstances; other factors include the statutory minimum factors (age; health; family status; assets, resources, financial status; and education and skills) and the Affidavit of Support Under Section 213A of the INA, if required.

USCIS will not find an applicant inadmissible on the public charge ground solely based on an applicant’s disability.

Q: Has New York State expanded who is eligible for Medicaid since the current public charge rule came out?

A: Yes. Undocumented non-citizens who are 65 or over are now eligible for Medicaid through New York State. Persons who receive Medicaid are not subject to public charge unless they receive government-funded, long-term institutional care.

Q: Do forms of housing assistance like FHEPS (Family Homelessness & Eviction Prevention Supplement) and CityFHEPS count in a public charge test?

A:The rental assistance itself does not count. However, a household must be in receipt of Cash Assistance to receive FHEPS, so the receipt of Cash Assistance would be counted. For CityFHEPS, not everyone needs to be in receipt of Cash Assistance to be eligible. Only people who are eligible for Cash Assistance need to receive Cash Assistance to be eligible for CityFHEPS. If a CityFHEPS receiving household receives Cash Assistance, the receipt of Cash Assistance would count in a public charge test. But, remember, as stated above, the amount of the benefit and duration of the receipt, and or past receipt of Cash Assistance does not mean that a person will automatically be considered a public charge.

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.