Public Charge Rule

Under previous policy, a Public Charge was someone who relied on cash assistance or institutionalized long-term care from the government to survive. The only benefits that could be considered under the previous Public Charge test were:

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• State and local cash assistance for income maintenance
• Institutionalization for long-term care at government expense

In addition to use of these public benefits, federal law also requires the government to look at a number of factors – including age, health, family status, assets, resources, financial status, education, and skills – to determine whether someone is likely to become a "public charge."

On August 14, 2019, the federal government published a new Public Charge rule.

Under the new Public Charge rule, the federal government will consider certain additional types of public benefits, and look at other factors differently.

Note that for now, this new rule has been blocked by a court from going into effect in New York, Connecticut, and Vermont. Under the new Public Charge rule, U.S. Citizenship and Immigration Services will:

• Consider more types of public benefits when administering the Public Charge test. Under the new rule, an immigration official will consider more benefits, such as non-emergency Medicaid (with some exceptions), Supplemental Nutrition Assistance Program (SNAP), and housing assistance (such as public housing or Section 8 housing vouchers and rental assistance).
• Look at other factors differently. The new rule provides a new framework for the federal government to consider factors such as an individual's age, education, employment history, income, assets, health conditions, among other factors, to determine whether an immigrant is likely to become a "public charge" in the future, even if the individual has never used benefits in the past.

I have children or family members in my household who use some public benefits. Could that hurt my immigration application?

No. Under the new rule, for individuals applying for a green card or visa within the United States, public benefits or programs used by the applicant's children or family members will not be counted against the applicant in the Public Charge test unless the applicant is a beneficiary of those benefits or programs.

However, under the new rule, federal officials will use a new framework to consider factors like age, family size, household income, and assets in determining whether certain immigrants are likely to use benefits in the future.

No. Under the new rule, for individuals applying for a green card or visa within the United States, public benefits or programs used by the applicant's children or family members will not be counted against the applicant in the "public charge" test unless the applicant is a beneficiary of those benefits or programs.

However, under the new rule, federal officials will use a new framework to consider factors like age, family size, household income, and assets in determining whether certain immigrants are likely to use benefits in the future.

No. Under both current law and the new rule, there is generally no Public Charge test if you are a refugee or asylee. There are also other statuses not listed here that may not be subject to public charge. See below for information on how to get your questions answered, and connect to free legal services.

You can call the ActionNYC hotline at 1-800-354-0365 and say “public charge” Monday to Friday, from 9:00 am to 6:00 pm, to learn more and get answers to your questions.

• Get connections to City-funded, free and safe immigration legal help and referrals to other legal and non-legal services.
• The hotline is free and anonymous.
• Help is available in over 200 languages.