The public charge test is sometimes used by immigration officials when deciding whether to grant an application for a green card or a visa. It looks at whether the person is likely to depend primarily on government assistance.

When immigration officials apply the test, they consider many things, including the person’s age, income, health, education or skills, family situation, and their contract with a sponsor. 

Use of public benefits is just one factor. Using public benefits will not automatically make someone fail the public charge test. 

The public charge test only applies to immigrants in these situations:

• When someone is applying for a visa or green-card through a family-based petition or an employment-based petition

• When a lawful permanent resident (“LPR” or “green card holder”) has been out of the U.S. for longer than 6 months in a row and is trying to reenter the U.S.

• When someone is applying for a non-immigrant visa (like students or tourists)

• Are a lawful permanent resident (“LPR” or “green card holder”) and are applying to become a citizen (naturalize)

• Are an LPR and applying to renew your green card

• Have conditional LPR status and are applying to remove the conditions

• Are applying for asylee or refugee status, or applying for a green card based on your asylee or refugee status

• Are applying for a U visa or T visa, or applying for a green card based on being a U or T visa holder

• Applying for VAWA, or applying for a green card based on your VAWA status; applying for suspension of deportation or cancellation of removal under VAWA

• Applying for DACA, or applying to renew DACA status

• Are applying for Special Immigrant Juvenile Status (SIJS), or applying for a green card based on having SIJS

• Applying for Temporary Protected Status (TPS)

If you’re not sure what type of immigration application you are filing or are planning to file, talk to a trusted legal representative. The BAILA Network legal team can help!

Most benefits programs do not count toward the public charge test.

Using these public benefits if they are eligible WILL NOT affect someone's ability to get a green card:

• Medi-Cal (except for long-term institutional care, like a nursing home, paid for by Medi-Cal)

• CalFresh (food stamps)

• WIC (for pregnant women, babies, and kids 5 and younger)

• P-EBT and free and reduced-cost school meals

• Food pantries

• Head Start

• Section 8 housing and other housing programs

• Unemployment Insurance

• Social Security retirement and Social Security Disability Insurance (SSDI)

• Worker’s Compensation and State Disability Insurance

• Tax credits, like the Earned Income Tax Credit (EITC) and the Child Tax Credit (CTC)

• COVID-19 stimulus checks

• COVID-19 vaccination

• Utility assistance

• Disaster relief

• Federal financial aid for college

• public schools

• And many more!

• Cash assistance like Supplemental Security Income (SSI), CalWORKs, CAPI, General Relief (GR)

NOTE: COVID stimulus payments and child tax credits ARE NOT COUNTED

• Long-term institutional care, like in a nursing home, paid for by Medi-Cal

Enrolling your eligible children in cash benefits programs like SSI or CalWORKs will not affect your ability to get a green card. Speak to an attorney before avoiding cash programs that your family needs to be healthy and safe. 

Use the Keep Your Benefits Tool to find out if the public charge test may apply to you: https://keepyourbenefits.org/en/na/