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Public charge

Most benefits are not counted. People give up help they are entitled to because they believe otherwise — this is what USCIS actually considers.

Counted

These can be considered in a public charge determination.

  • TANF (Temporary Assistance for Needy Families)

    Cash welfare benefits provided to families with low income. This is one of the primary benefits considered under the public charge rule.

    Except: Benefits received by children under 21 in some circumstances

  • SSI (Supplemental Security Income)

    Cash benefit program for aged, blind, and disabled individuals with limited income and resources.

    Except: SSI received for disability when applicant was under 18

  • General Assistance / State Cash Aid

    State or local cash assistance programs for individuals who do not qualify for federal programs.

    Except:

  • Medicaid for Long-Term Institutionalization

    Medicaid-funded institutional care in a nursing home, mental health institution, or other long-term care facility.

    Except: Emergency Medicaid; Medicaid during pregnancy and 60 days postpartum; Medicaid for individuals under 21; Medicaid for school-based services (IDEA)

Not counted

Using these does not affect a public charge determination.

  • SNAP (Food Stamps)

    The Supplemental Nutrition Assistance Program is NOT considered in the public charge determination.

  • Most Medicaid Coverage

    Regular Medicaid coverage (non-institutional, non-long-term care) is NOT counted. This includes Medicaid for children, pregnant women, and routine doctor visits.

  • Emergency Medicaid

    Emergency medical services funded by Medicaid are NOT considered in any public charge determination.

  • CHIP (Children's Health Insurance Program)

    Health insurance for children through CHIP is NOT considered for public charge purposes.

  • School Lunch Program

    Free or reduced-price school lunch programs are NOT considered.

  • WIC (Women, Infants, and Children)

    The Special Supplemental Nutrition Program for Women, Infants, and Children is NOT considered.

  • Housing Assistance (Section 8, Public Housing)

    Federal housing assistance programs, including Section 8 vouchers and public housing, are NOT considered under the current rule.

  • Unemployment Insurance

    Unemployment benefits are earned benefits and are NOT considered for public charge.

  • Social Security Retirement / SSDI

    Social Security retirement benefits and SSDI (Disability Insurance) are earned benefits and are NOT considered.

  • Tax Credits (EITC, Child Tax Credit)

    Earned Income Tax Credit, Child Tax Credit, and similar tax credits are NOT considered.

  • Disaster Relief

    FEMA disaster relief, emergency assistance, and related benefits are NOT considered.

  • Head Start / Early Education

    Head Start and other early childhood education programs are NOT considered.

  • COVID-19 Related Benefits

    COVID-19 stimulus payments, testing, treatment, and vaccination services are NOT considered.

  • LIHEAP (Energy Assistance)

    Low Income Home Energy Assistance Program benefits are NOT considered.

Who is exempt entirely

Public charge does not apply to these categories at all.

Refugees

Individuals admitted as refugees under INA 207 are exempt from the public charge ground of inadmissibility.

Asylees

Individuals granted asylum under INA 208 are exempt from public charge.

T Visa Holders (Trafficking Victims)

Victims of severe forms of trafficking in persons (T nonimmigrant status) are exempt.

U Visa Holders (Crime Victims)

Victims of qualifying crimes who assist law enforcement (U nonimmigrant status) are exempt.

VAWA Self-Petitioners

Self-petitioners under the Violence Against Women Act are exempt from public charge.

Special Immigrant Juveniles (SIJ)

Children classified as Special Immigrant Juveniles are exempt from public charge.

TPS (Temporary Protected Status)

Individuals applying for or granted TPS are generally not subject to public charge inadmissibility.

DACA Recipients (Renewals)

DACA renewal applications do not involve a public charge determination.

Afghan / Iraqi Special Immigrants (SIV)

Afghan and Iraqi special immigrants are generally exempt from public charge.

Cuban/Haitian Entrants

Cuban and Haitian entrants adjusting status under specific programs are exempt.

Certain Military Members

Active duty members of the U.S. armed forces and certain veterans are exempt.

Amerasians

Amerasian immigrants adjusting under specific provisions are exempt.

What USCIS weighs

It is a totality-of-circumstances test — no single factor decides it.

In your favour

  • Currently Employed

    Having a job or job offer demonstrates self-sufficiency and the ability to support yourself financially.

  • Income Above 125% FPL

    Household income at or above 125% of the Federal Poverty Level is a strong positive factor.

  • Private Health Insurance

    Having private health insurance coverage shows you are less likely to depend on government assistance for healthcare.

  • Education & Skills

    Higher education, professional training, and certifications demonstrate your ability to obtain or maintain employment.

  • English Proficiency

    Ability to speak, read, and write English is considered a positive factor for employment prospects.

  • Financial Assets & Resources

    Savings, property, and other assets demonstrate financial stability and self-sufficiency.

  • Working Age (18-61)

    Being of working age is generally considered a positive factor as it indicates the ability to work.

  • Good Health

    Being in good health with no conditions that would interfere with the ability to work, attend school, or care for oneself.

  • Affidavit of Support

    Having a qualifying sponsor who files Form I-864 (Affidavit of Support) with sufficient income.

Against

  • Not Currently Employed

    Lack of current employment, with no reasonable prospect of future employment, is a negative factor.

  • Income Below 125% FPL

    Household income below 125% of the Federal Poverty Level may be viewed negatively.

  • No Health Insurance

    Lack of health insurance or prospect of obtaining it may be considered a negative factor.

  • Limited Education or Skills

    Lack of education, occupational skills, or certifications that would allow you to obtain employment.

  • Health Condition Requiring Treatment

    A diagnosed medical condition that requires extensive treatment or that interferes with work ability.

  • Very Young or Elderly

    Being very young or elderly may be considered, though age alone is not determinative.

Weighed heavily

  • Not Employed & No Prospects

    Not currently employed, does not have a reasonable prospect of employment, and has no income from other sources.

  • Previously Received Public Benefits

    Having received one or more public benefits (as defined by the public charge rule) within the relevant period.

  • No Sufficient Affidavit of Support

    Where required, failure to submit a sufficient Affidavit of Support (Form I-864) is heavily weighted negatively.

  • Prior Public Charge Inadmissibility Finding

    Previously found inadmissible or deportable on public charge grounds.

Myths

✗ Using any government benefit will make me a public charge.

✓ Only specific cash benefits (TANF, SSI, state cash aid) and Medicaid for long-term institutional care are considered. Most benefits like SNAP, WIC, Medicaid, housing assistance, and school lunch are NOT considered.

✗ If my U.S. citizen child receives benefits, it will affect my case.

✓ Benefits received by your U.S. citizen children are generally NOT counted against you in a public charge determination. USCIS looks at benefits YOU directly received.

✗ Going to the emergency room will count against me.

✓ Emergency Medicaid is explicitly excluded from the public charge determination. Seeking emergency medical care will NOT affect your immigration case.

✗ Using food stamps (SNAP) will make me inadmissible.

✓ SNAP/food stamps are NOT a factor in the public charge test. Using SNAP will not negatively affect your immigration application.

✗ Public charge applies to everyone applying for immigration benefits.

✓ Many categories are exempt, including refugees, asylees, T and U visa holders, VAWA self-petitioners, TPS applicants, and others. Always check if your category is exempt.

✗ If I have ever been poor, I cannot get a green card.

✓ USCIS considers the "totality of circumstances" -- your complete profile. Having a period of low income does not automatically disqualify you, especially if you have other positive factors.

✗ I need to be wealthy to pass the public charge test.

✓ You do not need to be wealthy. Having income at or above 125% of the Federal Poverty Level, along with employment and other positive factors, is typically sufficient.

✗ The public charge rule is a new invention to keep immigrants out.

✓ The public charge ground of inadmissibility has existed in U.S. immigration law since the 1880s. What has changed over time is how it is defined and what benefits are considered.

✗ Using COVID-19 vaccines, testing, or treatment will count against me.

✓ COVID-19 vaccines, testing, and treatment are NOT considered in the public charge determination. USCIS has explicitly stated this.

✗ If I have a disability, I will automatically be deemed a public charge.

✓ Having a disability does not automatically make you a public charge. USCIS considers the totality of circumstances, including whether you have insurance, income, a sponsor, and other resources.

✗ My sponsor's income does not matter.

✓ If you have a qualifying sponsor who files an Affidavit of Support (Form I-864), their income and assets are considered as a strong positive factor in the determination.

✗ Once I receive benefits, the damage is permanent and cannot be overcome.

✓ The determination looks at the totality of circumstances. If you previously received benefits but now have employment, income, and other positive factors, those current circumstances are considered.

✗ Any benefit use = public charge

✓ Only specific cash benefits and long-term institutional care at government expense are considered.

✗ The test is pass/fail

✓ USCIS uses a "totality of circumstances" test weighing all positive and negative factors together.

✗ Everyone must meet a specific income level

✓ Income is one factor among many. There is no single income cutoff that guarantees approval or denial.

✗ Prior rule changes still apply

✓ The 2019 expanded rule was vacated. The current rule (2022 Final Rule) follows a narrower definition focused on cash benefits and institutional care.

Official sources

This is general information, not legal advice, and the rule has changed more than once in recent years. If you are weighing whether to use a benefit, talk to an immigration attorney or a legal aid organisation before giving one up.