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 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 certain other visas to enter the U.S.

See full list here: Public Charge Applicability Table for Advocates - NILC

• 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 their 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 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 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 someone is not sure what type of immigration application they have filed or are planning to file, talk to a trusted legal services provider.

The list above includes common statuses/pathways, but for a full list, see here: Public Charge Applicability Table for Advocates - NILC

Even when the public charge test applies, officers look at many things to decide if someone will likely depend on the government in the future. Using benefits is just one factor. Here are the rules about which benefits are considered.

BEFORE (Old Rule)

• For many years, only a few benefits could be considered in the public charge test: cash aid programs (CalWORKs, CAPI, General Relief, and SSI) and long-term care paid for by Medi-Cal.

• It was also clear that a U.S. citizen child's use of benefits did not count against their parents.

  
  On September 18, 2026, the public charge rule changed in a big way.
  
  NOW
  

• Many more government benefits — if used after Sept 18, 2026 — can be considered, including CalWORKs, CalFresh, Medi-Cal, and housing assistance. In general, any government program that someone is eligible for because of their limited income and resources may be considered.

• A child’s benefits may count against a parent if the child qualified for those benefits because of the parents’ income and resources.

  
  But some benefits still do NOT count:

• Universal benefits that are open to everyone without an income or asset test

  • Examples: public school and school lunch in California

• Earned benefits you get because you worked and paid into the system

  • Examples: Social Security Retirement, Social Security Disability Insurance (SSDI - but NOT SSI), and EDD benefits such

• Public Charge does not affect everyone!
  

• People who are in the process of applying for a green card (permanent residence) through a family member or are thinking about applying in the near future should consult with a licensed attorney or accredited representative.
  

• Use of benefits is just ONE factor that is considered in a Public Charge test.
  

• Each family must decide what is best for them based on their circumstances.
  

• Stay connected to trusted organizations for further guidance and support.