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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 Basic Food/SNAP (food stamps), TANF/WorkFirst, Public housing, Section 8, and Apple Health/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 more than six months, 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:
- Apple Health/Medicaid programs (except forprograms used to pay for long-term care in an institutional setting, such as a nursing home)
- Basic Food/SNAP (food stamps)
- Food Assistance Program (state-funded nutrition assistance for immigrants)
- Public housing/housing subsidies/section 8 and rental assistance
- WIC (Special Supplemental Nutrition Program for Women, Infants, and Children)
- Medicare
- Disaster relief
- National school lunch or school breakfast programs
- SUN Bucks
- Scholarships or grants to attend school or for college
- Foster care and adoption
- Head Start
- Children’s Health Insurance Program (CHIP)
- AIDS Drug Assistance Program (ADAP)
- WAHealthplanfinder/Affordable Care Act, including Premium Tax Credits or Cascade Care Savings
- 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, including:
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)/WorkFirst
- State Family Assistance, Aged, Blind, or Disabled (ABD) cash, and Pregnant Women Assistance (PWA) programsand ongoing state or local general relief or general assistance
- State-funded long term care or AppleHealth/Medicaid for long-term, institutional medical care, like a nursing home
- NOTE: This does not include incarceration, short-term rehabilitation, or home- and community- based long-term care.
Note: Most immigrants who face a public charge test are not eligible for cash benefits.
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.dshs.wa.gov/esa/csd-office-refugee-and...
If you live in Washington, dial 211 for help accessing benefits
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, the State of Washington, and other experts:
Do Public Benefits Affect Immigration Options? Use the Guide to find out.