Federal immigration law allows immigration officials to deny green cards and visas if they find that an applicant is likely to become a "public charge." "Public charge" is a test to see if someone is likely to become dependent on specific government programs. The test only applies when someone is applying for a green card, visa, or sometimes when entering the U.S. after an extended absence.

The "public charge" test does not apply to all immigration statuses. Certain immigration statuses, such as refugees, asylees, U or T visa holders, VAWA self-petitioners, Special Immigrant Juveniles, and other statuses, are generally not subject to the "public charge" test, or may be eligible for a waiver when applying for a green card or visa.

There is not a "public charge" test in the citizenship application process.

No. Eligibility requirements for public benefits and programs will not change as a result of the new "public charge" rule.

Yes. Under the previous rule, a "public charge" was someone who relied on cash assistance or long term care from the government to survive. The only benefits that could be considered under that 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."

Yes. On August 14, 2019, the federal government published its final "public charge" rule change. This rule change will go into effect on October 15, 2019, though this date may be delayed due to litigation. After the date on which the rule goes into effect, the federal government will officially:

• Add more types of public benefits that are considered by federal immigration officials when they administer the "public charge" test. Under the new rule, an immigration official may consider more non-cash 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 more closely, 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.

No. Public benefits or programs used by the children or family members of an applicant for a green card or visa are not counted against the applicant in the "public charge" test.

However, under the new rule federal officials will look more closely at things 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 rule change, there is generally no "public charge" test if you are a refugee, asylee, U or T visa holder, VAWA self-petitioner or Special Immigrant Juvenile. 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 City-funded ActionNYC hotline at 800-354-0365 and say "public charge" from 9:00 am to 6:00 pm, Monday to Friday, to learn more and get answers to your questions.

• You can schedule an appointment to consult with a City-funded, free, trusted immigration legal services provider.
• The hotline is free and anonymous.
• Help is available in over 200 languages.