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. They use money collected from taxes.
Protecting Immigrant Families and Keep Your Benefits are helpful websites to find more information on public charge.
What is the new public charge rule?
On July 16, 2026, USCIS announced it would be changing the public charge rules starting on September 18, 2026:
- USCIS will consider an applicant’s use of a wider range of income-based public benefits received on or after September 18 when making decisions about Green Card applications.
- The list of benefits that USCIS will consider may include Medicaid, CHIP, SNAP, housing assistance, and other benefits. The exact list is not listed by USCIS and is not clear at this time.
- Receiving benefits will not automatically lead to a denial. Officers will also review the applicant’s overall financial situation, health, family circumstances, education, skills, and other factors.
- USCIS denying applications because of someone’s use of public benefits has been very rare. Under a similar 2020 policy, USCIS identified only five denials or proposed denials, and all were later reopened or withdrawn.
- The rule is designed in part to discourage immigrants and their families from using public benefits, including benefits they legally qualify for.
- Benefits received by family members generally will not count, and public charge rules do not apply to everyone.
- USCIS will issue more guidance and a revised Form I-485 before the change takes effect.
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.
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
This list is only accurate for applications sent before September 18, 2026. After this date, programs like Medicaid, CHIP, SNAP, and housing assistance will move to the list of benefits that can count against you.
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
This list is only accurate for applications sent before September 18, 2026. After this date, programs like Medicaid, CHIP, SNAP, and housing assistance will move to the list of benefits that can count against you.
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.
Green Card applicants must use the correct, current version of Form I-485. A new version will be released for the rule change for September 18, 2026.
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.
It is important to seek legal advice from an immigration lawyer or accredited representative if you have any questions or concerns. Many offer free or low-cost help.
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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Ma waad raadineysaa macluumaad gaar ah?
Macluumaadka ku jira boggan wuxuu ka imanayaa USCIS, Protecting Immigrant Families, iyo ilo kale oo lagu kalsoon yahay. Waxaan hiigsaneynaa inaan bixino macluumaad si fudud loo fahmi karo oo si joogto ah loo cusboonaysiiyo. Macluumaadkani maaha talo sharci.