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What is public charge?

A public charge is someone who immigration officials believe will depend on the government for money and support. When you apply for a Green Card or visa they will review factors like your age, income, health, education, and family support.

Based on that information, immigration could deny your Green Card application or entrance to the USA. That is called “public charge ground of inadmissibility.”

Your use of certain public benefits will also be considered.

What are public benefits?

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.

What is the new public charge rule?

USCIS announced it would be changing the public charge rules starting on September 18, 2026. The changes include:

• No explicit list of benefits: The new rule removes the clear list of benefits that officers can consider. Officers may review a wider range of benefits, such as Medicaid, CHIP, SNAP, and housing assistance.
• Some family benefits may affect the review: This applies only if you are legally responsible for supporting the family member and their benefit eligibility is based on your income.
• No set limit on benefit history: There is no limit on how far back officers can look at benefit use. However, benefits used before September 18, 2026, are evaluated under the old rules. 
• Sponsor support may carry less weight: An Affidavit of Support is still required for certain applications, but officers do not have to treat it as a positive factor.

It is important to remember:

• Benefit use alone does not lead to denial: Officers must review your full situation, and denials of Green Card applications because of use of benefits are extremely rare. Even when a similar public charge rule was in effect in 2020, USCIS denied a very small number of cases, and all were later reopened.
• Exemptions still apply: Public charge rules do not apply to everyone, including refugees, asylees, and many survivors of crime, trafficking, or domestic violence.

If you have already submitted a Green Card application or if your Green Card application was submitted before September 18, 2026, it will be reviewed under the current rules.

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What public benefits are part of public charge currently?

The two public benefits that can be considered for public charge:

1. Public cash assistance for income maintenance

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF) also known as “welfare”
• State and local cash assistance sometimes called “general assistance”

2. Long-term care paid for by the government

• Medicaid or other program support for long-term care at a nursing home or mental health facility

What public benefits are NOT part of public charge currently?

The following public benefits are not considered part of the public charge rule. You can use these programs without it affecting your immigration status.

• Medicaid (except for long-term care)
• CHIP for children and pregnant women
• Food and nutrition programs
  • SNAP, WIC, school lunches, food banks
• Housing assistance
  • Section 8, public housing, shelters
• Child care assistance
• Short-term and special cash assistance, such as those given after a natural disaster

Who does the public charge rule apply to?

The use of the two types of public benefits above can affect your immigration status with the U.S. if you are:

• Applying to enter the USA through a visa application
• Applying for a Green Card to become a legal permanent resident (LPR) through a Form I-485

Generally, if you were required to file a Form I-864, Affidavit of Support, with your visa application or adjustment of status application, you are subject to the public charge rule.

Who does the public charge rule NOT apply to?

You can use any type of public benefit and it will not affect your immigration status if you are submitting an application for:

• Refugee or asylee status
• TPS (temporary protected status)
• DACA (deferred action for childhood arrivals)
• U or T visa or VAWA
• Special Immigrant Juvenile Status
• Iraqi or Afghan Special Immigrant Visa
• Green Card through asylum, refugee status, U or T visa, Special Immigrant Juvenile Status (SIJS), or Iraqi/Afghan Special Immigrant Visa (SIV)
• Green Card renewal
• Naturalized U.S. citizenship

Other categories of immigrants not listed here are also exempt from the public charge rule. Speak with an immigration attorney to find out if you fall into one of these categories.

Can public charge still affect me even if I’m exempt?

• Some Green Card holders are eligible for public benefits, but getting certain public benefits might make it harder to sponsor family members to come to the USA.
• If you are not a U.S. citizen and leave the U.S. for more than 6 months, the government may conduct a public charge determination. We suggest seeking legal advice  before you leave the U.S.

Helpful facts

• Immigration officers must look at all your circumstances when deciding if you may become a public charge. They can now consider chronic health conditions, including obesity, when deciding on your visa.
• An “affidavit of support” can help show that you have someone who will help support you and you will not become a public charge.
• You have a right to show why you will not become a public charge. You can show your assets, your skills, your good health, and your employment record.

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