We've created a few questions to help you understand the Public Charge rule. The questions help you understand if public benefits could affect your immigration plans. They are safe and private. There are no personal questions. The questions can help you decide what is best for you and your family.
This website can help you understand:
- if there is a Public Charge test for your immigration plans or status, and
- if any public benefits are a problem.
Most immigrants who face a Public Charge test don't get the benefits that are a problem.
Public Benefits
Public benefits are help from the government, for basic needs like:
- health care
- housing
- food
- cash
Public benefits can be from the federal, state, or local government. Not everyone qualifies for public benefits. For more information click here.
Public Charge
Some immigration applications have a "Public Charge" test. An immigration officer uses this test to decide if a person is likely to use certain public benefits in the future. The immigration officer must consider the person's:
- health
- age
- income
- education and skills
- family and sponsor income
And the officer can also look at the person’s use of some kinds of public benefits. The officers can deny the application if they think the person is likely to use certain public benefits in the future. Not all immigration applications have a public charge test. And not all public benefits are a problem. For more information click here.
Changes to Public Charge and Public Benefits
The government changed the public charge rules. The new test is harder for low income immigrants. It includes a longer list of public benefits. The public charge rules do not affect every immigrant. They do not include all public benefits. This website helps you understand if your public benefits may affect your immigration plans. For more information click here.
- U.S. Citizens or Permanent Residents (Green card holders). Note: if a Green card holder leaves the U.S. for more than six months, the Public Charge rule can apply when they try to return.
- People applying for U.S. Citizenship, Green card renewal, DACA renewal, TPS, U or T Visas, Asylum or Refugee status, Special Immigrant Juvenile Status,or VAWA.
- People who have a U or T Visa, Special Immigrant Juvenile Status, VAWA or Asylum/Refugee status. For a longer list, click here.
- People applying for a Green card based on a U or T Visa, Special Immigrant Juvenile Status, VAWA or Asylum/Refugee status. For a longer list, click here.
For more information click here.
- Immigrants applying for Permanent Residence (Green card) through a family-based petition.
- Permanent Residents who leave the U.S. for more than six months.
- A slightly different rule applies to some "nonimmigrants" applying to change or extend their status. Example: student visas
For more information, click here
Click here to find out if public benefits affect your immigration plans.
Here are the benefits included in the Public Charge rule:
- Cash assistance -
- Supplemental Security Income (SSI)
- CalWORKs/Temporary Assistance to Needy Families (TANF)
- CAPI (Cash Assistance Program for Immigrants)
- state general relief or general assistance
- Medi-Cal/Medicaid for long-term nursing home care (used before 10/15/19)
- Starting October 15, 2019, these additional benefits are included for people who use them after October 15th and:
- File family-based Green card applications on/after October 15, 2019 OR
- Are Permanent Residents who go out of the U.S. for more than six months:
- Federally-funded Supplemental Nutrition Assistance Program (CalFresh, SNAP, "EBT" or "Food Stamps")
- Federal Public Housing and Section 8 assistance
- Federally-funded Medi-Cal. Note: it is OK to get Medi-Cal for emergency services, children under 21 years, pregnant women, and new mothers.
The Public Charge rule is mainly for the person applying to get their Green card with a family-based visa petition. The Public Charge rule for people with interviews in the U.S. does not include benefits used by family members. Family members can keep their public benefits. And most immigrants don't qualify for the public benefits in the Public Charge rule. There are different rules for applicants who are outside of the US for their Green card interview. For more information, click here.
Many Medi-Cal programs (for children under 21, emergencies, before and after birth, State-funded Medi-Cal programs), California Children's Services, Covered California, Medicare subsidies, and county hospitals and clinics. Note: most immigrants who face a public charge test only get state-funded Medi-Cal.
For more information, click here.
- Local shelters
- Locally funded housing assistance
For more information, click here.
- State-funded CalFresh/CFAP
- Local food pantry programs (e.g. Church-based, Community Center)
- Child Nutrition Programs
- Women, Infant and Children (WIC)
- School Lunches and Breakfast
- Summer Food
- Head Start
For more information, click here.
- Unemployment
- Social Security Retirement/Disability
- Workers compensation
- Tax credits
For more information, click here.
- We never ask for personal, identifying information.
- We never share information with the government.
