What is “public charge”?
Immigration officers use the “public charge test” to decide whether a person can enter the United States or obtain lawful permanent resident status (green card). In this test, officials look at your income, your employment, your health, your age, your education and skills (including English skills), your family situation, and whether a sponsor has signed a contract (“affidavit of support”) that promise to support the person. Officials can also see if a person has used certain public benefit programs. Many immigrants are exempt from the public charge test (see below for a complete list of immigration statuses that are exempt from the public charge rule).
The government has changed the way it makes the public charge decision to make it more difficult for low-income immigrants to come to this country legally and apply for residency. The government is also expanding the types of public benefits that could count against an immigrant in the public charge test.
The new public charge rule applies to the following immigrants:
- People who apply for green cards through an employment visa
- People applying for green cards through the family, particularly spouses, parents, children and siblings of US citizens; spouses and unmarried children of green card holders
- Green card holders returning to the U.S. after spending six months or more abroad
- People seeking a non-immigrant visa
The new public charge rule DOES NOT APPLY to:
- Green card holders applying for citizenship
- Applicants / holders of Temporary Protected Status
- Young Special Immigrants
- DACA recipients
- People applying for green cards through asylum or refugee status, Violence Against Women Act, U or T visas, Afghan or Iraqi special immigrants, Cuban or Haitian entrants, NACARA, Amerasian petitions or the Refugee Immigration Equity Act Haitians
What benefits count for public charge?
- Supplemental Nutrition Assistance Program (SNAP or “food stamps”)
- Section 8 housing
- Supplemental Security Income (SSI) from Social Security
- Temporary Assistance for Needy Families (TANF)
- Federal, state and local cash assistance for income
- Non-emergency Medicaid (unless for people under 21 and pregnant women)
- Other subsidized housing
- Long-term institutionalization at the expense of the government
It is important to know that RECEIVING public benefits will not automatically make you a public charge . The federal government will also consider other factors, such as age, education, language skills, disability, and general income level. Having an income below 125% of the federal poverty line would weigh heavily against an applicant, even if they never received public benefits.
Public benefits used before February 24, 2020 do not count. The rule is not retroactive.
What benefits do not count towards public charge?
The following public benefits cannot be considered in the public charge test:
- Women, Infants and Children (WIC) Program
- Children’s Health Insurance Program (CHIP-Medicaid)
- Medicaid for people under 21 and pregnant women
- Hospital financial assistance programs
- Free lunch and other school benefits
- Energy assistance
- Veterans benefits
- Federal Old Age, Survivors and Social Security Disability Insurance (OASDI / SSDI)
- Government pensions and health insurance for government employees or transportation benefits
- Unemployment insurance
- Workers compensation
- State disability insurance
- College tuition in the state
- Medicare Part D Subsidies
- Disaster relief or government loans that require repayment