If you’ve been following U.S. immigration, you’ve probably heard the term public charge. But it’s one of those legal phrases that gets thrown around without much explanation. So, let’s break it down in simple words.
What “Public Charge” Means
Public charge is a test the U.S. government uses to decide if a noncitizen is likely to depend mainly on government benefits. In plain English, it’s about whether you’ll need public cash assistance to survive.
If immigration officers think you’re likely to become a public charge, they can deny your visa or Green Card.
However, it doesn’t apply to everyone.
When the Public Charge Test Shows Up
The rule only comes up in certain immigration situations. You’ll run into it if you:
- Apply to enter the U.S. for the first time.
- Apply to adjust your status and get a Green Card.
- Already have a Green Card but have left the U.S. for more than six months and now want to return.
So, if you’re just renewing your Green Card or applying for citizenship, public charge doesn’t apply.
Who Doesn’t Have to Worry About the Public Charge Rule 2025
Many immigrants are exempt from this rule. For example:
- Refugees and asylum seekers.
- People applying for Temporary Protected Status (TPS).
- Victims of trafficking or crime (T or U visa holders).
- Special immigrant juveniles.
- Survivors applying under the Violence Against Women Act.
- Afghans and Iraqis who worked with the U.S. government.
- Cubans, Haitians, Nicaraguans, and certain Central Americans adjusting status.
- Members of Native tribes recognized under U.S. law.
And many more. The exemptions list is long, but the bottom line is this: humanitarian immigrants and several special groups don’t get tested for public charge.
The 2022 DHS Update
In 2022, the Department of Homeland Security updated the rules.
USCIS assesses whether an individual is likely to be primarily dependent on the government. That means either:
- Receiving cash benefits for income support (like welfare), or
- Being placed in long-term government-funded care (like a nursing home).
They’re not looking at every benefit you touch. They’re focused on heavy dependence.
This update is still in effect in 2025, until further notice
Things USCIS Considers
When you apply for a Green Card, USCIS officers look at:
- Your age.
- Your health.
- Your family size.
- Your money, resources, and financial history.
- Your education and job skills.
They also check your medical exam (Form I-693) and any Affidavit of Support (Form I-864) you file.
And they’ll ask if you’ve ever received public cash assistance or been institutionalized for a long time at government expense.
Benefits That Count Against You
Here’s a list of public benefits that can make you a “public charge” risk:
- Supplemental Security Income (SSI).
- Temporary Assistance for Needy Families (TANF).
- State or local cash assistance for income maintenance (often called General Assistance).
- Long-term institutional care at government expense (like a nursing home).
Benefits That Don’t Count
The good news is that most benefits don’t count.
USCIS doesn’t care if you or your family used:
- SNAP (food stamps), WIC, or free school meals.
- Medicaid (except long-term care).
- CHIP (Children’s Health Insurance Program).
- Affordable Care Act health coverage.
- COVID-19 testing, treatment, or vaccines.
- Housing assistance programs.
- Disaster relief or pandemic aid.
- Social Security retirement or disability.
- Veterans’ benefits.
- Unemployment insurance.
- Childcare help, Head Start, student loans, or scholarships.
- Foster care or adoption benefits.
- Community services like soup kitchens or shelters.
- Energy assistance programs.
- Tax credits like the Child Tax Credit (CTC) or Earned Income Tax Credit (EITC).
Using these benefits won’t make you a public charge. And they won’t hurt your immigration case.
The Significance for Immigrants
Many immigrants avoid public benefits for which they are actually eligible. They’re scared it’ll ruin their Green Card or citizenship chances.
But the rule is much narrower than most people think. Most programs, especially those related to food, housing, and healthcare, don’t count.
And remember, once you’re a U.S. citizen, the public charge rule never applies to you again.
Seek Legal Help at ImmigrationQuestion.com
The public charge rule sounds intimidating, but it’s actually limited. It mainly focuses on cash assistance and long-term government care. Most benefits you and your family might use won’t count against you.
But, if you’re unsure about your case, talk to a licensed immigration attorney at ImmigrationQuestion.com. It’s better to be safe than sorry when it comes to your immigration status.
Frequently Asked Questions
Will I be tested for public charge if I’m applying for U.S. citizenship?
The public charge test doesn’t apply to naturalization. If you’re applying for citizenship in 2025, you don’t have to worry about it.
Will using Medicaid affect my Green Card application?
Regular Medicaid doesn’t count. The only exception is if you’re placed in long-term care at government expense, like a nursing home.
What about food stamps (SNAP) or WIC?
Safe. SNAP, WIC, and free school meals don’t count against you.
If my kids use benefits, will that hurt me?
Not likely. USCIS looks at your use of benefits, not your kids’. Your children can get help without it affecting your case.
Does unemployment count as a public charge benefit?
Unemployment insurance isn’t part of the public charge test. The same goes for Social Security retirement and veterans’ benefits.
I’m a refugee. Do I have to take the public charge test?
Refugees, asylum seekers, TPS applicants, trafficking victims, and several other groups are exempt.
What if I already have a Green Card and just need to renew it?
Public charge doesn’t apply to renewals. You only face the test if you’re applying for a new Green Card or re-entering the country after being abroad for six months or more.
Should I avoid all public benefits just to be safe?
Not necessary. Most benefits don’t count. But if you’re unsure, speak with an immigration lawyer at ImmigrationQuestion.com about your situation.
