Public Charge
Some people avoid using public benefits because they think it will prevent them from getting a green card or becoming a citizen.
The truth is that many immigrants can get public benefits without impacting their immigration status!
Important Facts to Know!
1
The public charge rule changed in December 2022. All changes are positive for immigrants! The new rule confirms that using CalFresh, Medi-Cal (except for long-term care in a nursing home), Section 8 and public housing will not affect your immigration status now or in the future. You can use these benefits without fear to keep your family healthy and safe!
2
Many immigrants are exempt from the public charge test! This includes people who already have their green card (unless they have been outside of the US for longer than 180 days in a row).
3
Your eligible children’s use of public benefits will not affect your ability to get a green card or become a citizen.
4
BAILA Network enrollers, promotores, and lawyers can answer your questions and help you get the benefits you need to keep your family healthy and safe!
You can also use the Keep Your Benefits guide to learn more about whether the test may apply to you.
If the public charge test does apply to you, speak with a trusted BAILA Network partner to learn which benefits programs you may be eligible for.
Learn more in our Frequently Asked Questions
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 WILL NOT affect your 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! You can speak with a LIBRE team member if you have any questions about a program that you do not see on this list.
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/
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