What does it mean to be a public charge?

A person can be considered a “public charge” if they depend on certain public benefits and financial support from the US government. If a person is deemed a public charge, they could be found inadmissible to the US and denied other immigration benefits, such as an adjustment of status to permanent residency. The government only evaluates this at the point that a foreign national applies for a visa or admission into the US or applies for adjustment of status to permanent residency. 

Current Public Charge Rule

The government establishes rules in the Federal Register that describe how policy and law will be applied. Under the current rule related to public charge, the Department of Homeland Security (DHS) would determine that a noncitizen is likely at any time to become a public charge if the noncitizen is likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. DHS has defined “public cash assistance for income maintenance” to include only Supplemental Security Income (SSI), cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF),28 and non-Federal “cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which also exist under other names).

DHS has stated that when making a public charge determination they will NOT consider receipt of Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term use of institutional services under Social Security Act §1905(a)), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.

If you have questions about using public benefits for which you may be eligible, we encourage you to speak with a qualified immigration attorney to understand how the public charge rule may or may not apply to you. This is an area of immigration policy that has shifted several times in recent years and could potentially shift in the future again.