You may not have to worry about public charge. It does NOT apply to:

• U.S. citizens and individuals applying for citizenship.
• Lawful Permanent Residents (LPRs), including conditional residents, unless they:
  • Travel abroad and have been outside the United States for more than 180 days; or
  • Travel abroad and have certain criminal convictions or other circumstances described in Immigration and Nationality Act (INA) § 101(a)(13)(C).
• Immigrants with a nonimmigrant visa who do not plan to apply for a green card or change/extend their nonimmigrant status.
• Refugees and asylees.
• Individuals seeking cancellation of removal.
• Special Immigrant Juveniles (SIJs).
• Special Immigrant Visa (SIV) holders, including qualifying Afghan and Iraqi nationals.
• VAWA self-petitioners and applicants.
• U visa applicants and holders.
• T visa applicants and holders.
• Deferred Action for Childhood Arrivals (DACA) holders.
• Temporary Protected Status (TPS) holders.
• Individuals adjusting status under:
  • The Cuban Adjustment Act (CAA);
  • The Nicaraguan Adjustment and Central American Relief Act (NACARA); or
  • The Haitian Refugee Immigration Fairness Act (HRIFA).

You may be subject to the public charge rule if you are:

• Applying for lawful permanent residence (a “green card”) through:
  • A family member;
  • Certain employers; or
  • The diversity visa lottery.
• A green card holder returning to the United States from a trip abroad if you:
  • stayed outside the country for more than 180 consecutive days; and/or
  • have certain criminal convictions or other grounds listed in INA § 101(a)(13)(C).
• Applying to change or extend a nonimmigrant visa, unless the visa category is exempt from the public charge rule.

This tool may be helpful in determining whether the public charge rule 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 not be able 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 changing, extending, or re- entering under certain immigration statuses. If you are found to be a public charge, your application may be denied.

Historically, immigration officials have only considered whether someone has received cash assistance or long-term institutional care paid for by Medicaid, and very few people have been denied a green card on public charge grounds.

Under the new public charge rule, the federal government is expanding the factors and benefits it will consider, including the receipt of any means-tested public benefit.

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 does not automatically make you a public charge.

Beginning September 18, 2026, federal immigration officials may consider the receipt of any “means-tested” public benefit when reviewing certain green card applications. “Means-tested” public benefits are government programs available to individuals and families with low incomes or limited financial resources, including:

• Medicaid
• SNAP (“food stamps”)
• Public housing
• Section 8
• Family Homelessness and Eviction Prevention Supplement (FHEPS)
• Women, Infants, and Children (WIC)
• Children’s Health Insurance Program (CHIP)
• Earned Income Tax Credit (EITC)
• Child Tax Credit
• Some education programs (such as Head Start or Early Intervention)

These are just some examples. DHS has said that all means-tested public benefits may be considered.

Generally, no. The new rule indicates that the receipt of means-tested benefits before September 18, 2026, will not be considered under the new rule.

The only exceptions are cash assistance and long-term institutional care paid for by Medicaid since those have always been considered.

Will Public Benefits Received By My Family Member Be Considered?

Under current law, a family member’s receipt of public benefits does not count against you if you are a noncitizen subject to the public charge rule. Starting on September 18, 2026, DHS says it will consider means-tested public benefits received by a family member if both of the following apply:

• you are legally responsible for the family member receiving benefits (such as a child or spouse); AND
• your income and resources are factored into that family member’s eligibility for the means-tested benefit (for example, if you are a parent with low income and that is why your child qualifies for the benefit).

DHS will issue more details in a guidance. Until the guidance is released, DHS says that immigration officials will consider various factors related to the use of means tested public benefits, including:

• Recency – how recently were the benefits received?
• Duration – how long were the benefits received?
• Dollar value – what was the financial value of the benefits?
• Number of benefits received – how many different means-tested benefits were received?

Other factors: Under the INA, DHS must also consider your age; health; family status; assets, resources, and financial status; and education and skills, together with an affidavit of support. DHS reserves the right to consider any factor the officer deems relevant.

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. If it does, before disenrolling from benefits, you should first speak to an immigration professional.  

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.​