Updated February 17, 2021
On February 2, 2021, President Biden signed an executive order which directs federal agencies to review all agency actions related to implementation of public charge rules and policies and submit recommendations after 60 days.
The new Public Charge rule is still in effect in New York State. The City's litigation against the new Public Charge rule is not over. Check this page for updates related to President Biden’s executive order and the ongoing litigation.
USCIS has stated that it will not consider testing, treatment, vaccinations, nor preventative care related to COVID-19 for Public Charge purposes. See the USCIS web page on Public Charge for more information.
New Yorkers with questions about the Public Charge rule can call the ActionNYC hotline at 1-800-354-0365, Monday to Friday from 9 a.m. to 6 p.m., and say "public charge" to access timely and trusted information and connections to City-funded, free and safe immigration legal help.In August 2019, the federal government announced a new rule related to when certain immigrants might be considered a Public Charge under immigration law. The rule seeks to prevent some immigrants from getting lawful permanent resident status (also known as a green card) or a visa if they use certain public benefits or the federal government believes they are likely to depend on public benefits in the future.
This page contains general information about Public Charge and how New Yorkers can get further information and assistance. The information below is for general educational purposes and is not legal advice.
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What is Public Charge?
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:
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.
Does the new Public Charge rule change affect eligibility requirements for public benefits?
What is the new Public Charge rule?
Under the new Public Charge rule, U.S. Citizenship and Immigration Services will:
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.
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.
I am a refugee. Does public charge apply to me?
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.
I have questions about how Public Charge might apply to me. How can I get legal help?
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.
June 2019
Download the fact sheet
December 2018
Download the research brief