RESOURCES FOR ADVOCATES

Public charge is a term in immigration law that describes a person who is primarily dependent on the government for support.

Some people who apply for lawful permanent residence or an immigrant visa to enter the U.S. must pass a “public charge” testwhich looks at whether the person is likely to use certain government services in the future.

As part of this test, the immigration officer will consider the immigrant's:

• Health

• Age

• Income/resources

• Education and skills

• Family support and sponsor

• Public Charge Test: Use of certain public benefits (Public Charge Rule)

The immigration officer weighs all the factors above to decide if the person is "likely to become a Public Charge.” However, immigration officers will weigh favorably an Affidavit of Support that meets the income and assets requirements.

It’s Important to Know: Most public benefits are NOT considered in the public charge determination and WILL NOT IMPACT the application for immigration status.

Most public benefits DO NOT affect a person's application for immigration status.

The following benefits ARE NOT CONSIDERED in a public charge test:

• 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;

• Cash payments for a specific purpose like home energy assistance or childcare;

• 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;

• Community-based services like food banks, shelters, and financial assistance regardless of the source of funding;

• Medicaid and other health care programs are only considered if the government is paying for long-term care, like in a nursing home;

• “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:*

• Cash assistance that is intended to pay for ongoing living expenses, like SSI or TANF; and

• 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.

View a PDF of Benefits

Public Charge DOES apply to:

• Immigrants applying for Lawful Permanent Residence (Green Card) through a family-based petition
• Lawful Permanent Residents who leave the U.S. for more than 6 months and seek to re-enter the U.S.
• A slightly different rule applies to some "non-immigrants" applying to change or extend their student visas (example: student visas).

Public Charge DOES NOT apply to:

• U.S. Citizens
• Lawful Permanent Residents (Green Card holders) applying for citizenship or green card renewals
• Refugees applying to change status to Lawful Permanent Residents.
• Asylees applying to change status to Lawful Permanent Residents.
• TPS: people applying for initial or re-registration of Temporary Protected Status
• DACA: people applying to renew Deferred Action for Childhood Arrivals
• SIJS: children applying for Special Immigrant Juvenile Status or applying for a Green Card after having been approved for SIJS
• U Visa: people applying for a U visa or U visa holders applying for a Green Card
• T Visa: people applying for a T visa and T visa holders applying for a Green Card
• VAWA: people self-petition for immigration relief under the Violence Against Women Act (VAWA), and people with VAWA who are applying for a Green Card
• People applying for withholding of removal or under the Convention Against Torture
• Cubans applying under the Cuban Adjustment Act;
• SIV: Afghan and Iraqi interpreters and translators who are applying for special immigrant visas
• Registry: People applying for registry (lived in the U.S. since January 1, 1972)
• NACARA: People applying for green card under Nicaraguan Adjustment and Central American Relief Act
• HRIFA: People applying for green card under Haitian Relief and Immigrant Fairness Act (HRIFA)
• Lautenberg parolees - individuals from the former Soviet Union, Vietnam, Cambodia and Laos who were paroled into the U.S. and are applying for green cards
• Certain other "humanitarian" immigrants

You can lead families to the following official sources:

• Final Rule: Department of Homeland Security (Sept 2022)

• Joint Letter on Public Charge: U.S. Dept of Agriculture and U.S. Citizenship and Immigration Services (Jan 2022)

• Public Charge Interagency Letter: Department of Homeland Security (Nov 2021)

• Press Statement on Public Charge: U.S. Department of Health and Human Services (July 2021)