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On July 20, 2026, the U.S. Department of Homeland Security (DHS) published a new public charge rule that may impact certain noncitizens and how immigration officials consider the receipt of public benefits. This new rule took effect on September 18, 2026. USCIS issued guidance about the new rule on August 18, 2026.
IMPORTANT NOTE: Many noncitizens are not subject to the public charge rule. Before making decisions about public benefits, first determine whether the public charge rule even applies to you.
You may not have to worry about public charge. It does NOT apply to:
You may be subject to public charge if you are:
This tool may be helpful in determining whether public charge applies to you. It is available in English, Spanish, and Simplified Chinese.
“Public charge” is an immigration rule generally used to determine whether an individual will be unable to financially support themselves in the future. While it primarily applies to certain immigrants applying for a green card, it can also apply to those re-entering the U.S. under certain circumstances. If you are found to be a public charge, your application may be denied.
Historically, very few people have been denied a green card on public charge grounds. As long as someone seeking a green card through a family member had a qualified sponsor(s) and was not in receipt of cash assistance or living in long-term institutional care (like a nursing home) paid for by Medicaid, they were able to pass the public charge assessment.
The new rule is designed to deny more green cards on public charge grounds, by allowing DHS officers to give less weight to the sponsor(s)’ affidavit of support and and to consider the receipt of any means-tested benefit (see below), rather than just cash assistance and long-term institutional care.
Yes. Many noncitizens are eligible for a variety of public benefits and can legally receive them without negative immigration consequences. To learn about which categories of noncitizens are eligible for which benefits in New York State, you can consult this chart.
Public benefits provide critical support for food, housing, health care, and other essential supports to help families stay safe and healthy during financial hardship.
Receiving public benefits has never automatically made someone a public charge.
The USCIS guidance instructs officers to consider the receipt of any “means-tested” public benefit. “Means-tested” public benefits are government programs available to individuals and families who generally have low incomes or limited financial resources. Although DHS and USCIS have not provided a list of all the benefits that will now be considered, the agencies have indicated that at least the following will be considered: SNAP, WIC, Medicaid, federal housing assistance, Earned Income Tax Credit (“EITC”), Child Tax Credit (“CTC”), Head Start, Early Intervention, and even Pell Grants. There are many more benefits that are means-tested, so this list is just a small sample.
The new rule says that the only means-tested benefits that will be considered if received before September 18, 2026 are cash assistance and long-term institutional care paid for by Medicaid, since those have always been considered.
Under the new rule, immigration officers may consider means-tested benefits received by the dependents of the person subject to public charge. For example, public benefits received by a U.S. citizen child could be considered in a parent’s public charge determination if the child’s eligibility for those benefits is based on the parent’s income and resources. Of course, that is usually the case.
Under the INA, DHS must consider your age; health; family status; assets, resources, and financial status; and education and skills, together with an affidavit of support. DHS indicates in the new rule that officers will be permitted to consider any factor they deem relevant, in the totality of circumstances. Neither the rule nor the guidance explain how much weight officers will give to any particular factor, including the receipt of benefits.
The new rule states that any Form I-485 Application for Adjustment of Status (green card) filed on or after September 18, 2026, will be decided under the new rule. Form I-485 applications filed before September 18, 2026 are considered under the old rules.
If you are exempt from public charge (because you are an asylee, refugee, T or U visa holder, VAWA self-petitioner – see full list at the top of this advisory) you generally do not face a public charge test, even if you apply for a green card. There are only three circumstances in which you would face a public charge test:
You should not stop receiving public benefits or decline benefits for which you are eligible until you first determine whether the public charge rule applies to you. Even if the rule does apply to you, speak with an immigration professional before disenrolling from benefits.
This resource has been translated and is available for download in French, Simplified Chinese, Spanish, and Russian.
The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.