The “Public Charge” rule is a part of U.S. immigration law that has caused an important amount of confusion among non-citizens applying for a green card (lawful permanent resident status). This rule allows immigration officials to deny an application if they determine that the applicant is likely to become a “public charge.” This means someone who is primarily dependent on the government for subsistence.
However, the rule’s interpretation and enforcement have changed over the past few years. This has led many applicants to wonder if using critical benefits such as Food Stamps (SNAP) or Medicaid still carries a risk for their adjustment of status. Good news: under the current rule, which went into effect in late 2022, the use of most health, food, and housing benefits is safe and will not negatively impact a green card application.
The current definition of a “public charge”
The most recent and current Public Charge Final Rule, established by the Department of Homeland Security (DHS), restores a more traditional and narrow understanding of the term.
Under this rule, an applicant is only considered likely to become a public charge if they are or are likely to become “primarily dependent on the government for subsistence.” This dependence is strictly demonstrated by the receipt of two specific types of assistance.
-
Cash assistance: Receipt of government cash assistance for income maintenance (like Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or state, local, or tribal cash benefit programs for income maintenance).
-
Institutionalized long-term care: Government-funded long-term institutional care, such as long-term care in a nursing facility or mental health institution.
If you have any questions, don’t hesitate to call a qualified immigration lawyer. Contact us and we’ll review your case.
What is NOT considered in the public charge test?
The current “Public Charge” rule states that the use of a wide range of vital, non-cash public benefits will not be considered in a public charge determination. Many people fear that is they use certain government benefits, it will make them ineligible for a green card. This is why it’s essential to make this clarification, especially when it comes to common forms of assistance like Food Stamps and Medicaid.
We recommend that you see: What happens after your immigration application is approved
Food stamps (SNAP) and other food programs
Using the SNAP food program, also known as Food Stamps, is safe. The DHS does not consider the use of food assistance programs when deciding if someone is a “public charge.” Other food programs like the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and school lunch programs are also okay to use. They will not be counted against you during your application for a green card.
Medicaid (Health Insurance)
The “Public Charge” Rule also explicitly excludes most health benefits from the public charge determination. This means that most forms of Medicaid are safe. If you use this benefit to cover doctor’s visits, prescriptions, emergency care, or managing a chronic condition, it is unlikely that it will affect your green card application. The only exception is if Medicaid is used to fund long-term institutional care.
Other safe benefits and exempt groups
Public housing and housing assistance (like Section 8), child services, energy assistance (LIHEAP), and foster care and adoption subsidies are also excluded from the public charge test. The intention of the current rule is to encourage the immigrants who are eligible and their families to access the health and social services they need without fear of it jeopardizing their application.
Keep in mind that the Public Charge rule doesn’t apply to everyone. Certain immigrant groups are exempt from the test entirely, regardless of the benefits they use. This includes green card holders who are applying for citizenship, and recipients of U and T visas.
The bottom line
The current “Public Charge” rule is much clearer and less restrictive than previous, temporary policies. Using Food Stamps (SNAP) or most forms of Medicaid is NOT a risk for green card applicants under the rule in effect today. The focus remains strictly on significant reliance on cash assistance for income or government-funded long-term institutional care.
If you found our article useful, please share it with someone who might need it. And don’t forget to follow us on Facebook, Instagram, and TikTok, as well as check out all our services at jamesimmigrationlaw.com.