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. Click to learn which immigrants are affected.

Only a few public benefits programs are included in the public charge test. Click here to learn about benefits.

Most immigrants who face a Public Charge test are not eligible for the benefits that are considered in this 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:

    • U.S. Citizens

    • Green card holders and other people applying for U.S. citizenship

    • Lawful permanent residents (green card holders) unless they leave the U.S. for more than 6 months. May face a public charge test upon return to the U.S.

    • 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.

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    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 rule only applies to the person seeking a green card through a family petition and does not look at benefits used by the person’s eligible family members, including children who are U.S. citizens or already have a green card. Remember: most immigrants who face a public charge test are not eligible for the benefits considered under the public charge rule.

Many Public Benefits are not included in the Public Charge Rule and are Safe for Eligible Family Members

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    We all need health care.

    These benefits are not considered under public charge rules:
    • Medicaid programs* including Children’s Medicaid, Medicaid for Pregnant Women, Healthy Texas Women program, Emergency Medicaid, and Breast and Cervical Cancer Services.
    • Health Insurance Marketplace Plans and the financial assistance received to pay for the plan
    • CHIP and CHIP-Perinatal
    • Medicare
    • County hospitals and clinics
    • Community Health Centers
    • Home and community based services, home health, short-term rehabilitation services
    • Charity care clinics
    • COVID-19 testing, treatment & vaccination
    * except long-term, institutional care, like nursing homes or Intermediate Care Facilities for People with Developmental Disabilities (ICF-DDs) benefits paid for by Medicaid or other government source.

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    Good nutrition is always important.

    These benefits are not considered under public charge rules:
    • SNAP (food stamps)
    • State-funded nutrition ssistance
    • Food pantry programs
    • Child Nutrition Programs
    - Women, Infants and Children (WIC)
    - Free and Reduced School Meals
    - Summer EBT

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    We all need a place to live.

    These benefits are not considered under public charge rules:
    • Public Housing /Section 8 subsidies
    • Local shelters/housing assistance.

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    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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