Most public benefits DO NOT affect a person's application for immigration status.
The following benefits ARE NOT CONSIDERED in a public charge test:
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A child’s or other family member’s use of federal safety net programs never affects the applicant’s immigration application. Nutrition and housing assistance programs including SNAP, WIC, School meals, Section 8, and Public Housing;
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Cash payments for a specific purpose like home energy assistance or childcare;
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Emergency disaster relief, including pandemic and COVID-19 assistance such as COVID-19 testing, treatment, vaccines, economic impact payment checks (stimulus checks), one-time financial assistance, and food programs like P-EBT;
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Community-based services like food banks, shelters, and financial assistance regardless of the source of funding;
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Medicaid and other health care programs are only considered if the government is paying for long-term care, like in a nursing home;
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“Earned” benefits like Social Security, retirement, and veteran’s benefits.
The following benefits MAY BE CONSIDERED in a public charge test for people who live in Texas:*
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Cash assistance that is intended to pay for ongoing living expenses, like SSI or TANF; and
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Long-term institutional care paid for by Medicaid or another government program.**
*Most immigrants who face a Public Charge test are not eligible for the benefits that are considered in this test. For more information, talk to a legal aid lawyer. Need help? Find Immigration Assistance and Legal Aid resources here!
**If you have used these specific programs in the past, you still have a chance to show that you are not likely to become a public charge in the future. Immigration officials must look at all of your circumstances when they review your green card or visa application.
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