“Public charge” is a term used in U.S. immigration law to mean someone who primarily depends on government assistance to survive. If the U.S. immigration agency thinks you are a “public charge,” you could be refused entry to the United States or deported.

Fortunately, few people are deemed to be a public charge. Only noncitizens 1) who rely on public cash assistance to live or 2) who are institutionalized for long-term care at government expense are considered a public charge.

Disqualifying assistance includes state or local cash assistance programs for income maintenance such as Supplemental Security Income (SSI) and the Temporary Assistance for Needy Families (TANF) program. But you can freely accept any non-cash assistance like Medicaid, food stamps, WIC, unemployment insurance, housing benefits, or cash assistance that is not for income maintenance.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

• This determination applies to noncitizens who are applying for visa, for admission to the United States, or for adjustment of status, including when applying for lawful permanent residence (Green Card).
• However, many categories of noncitizens are exempt from a public charge inadmissibility determination when applying for visas, admission or adjustment of status, including refugees and asylees.
• Other exempt noncitizen categories include:
  •  Amerasian immigrants at admission;
  • Afghan and Iraqi interpreters or Afghan or Iraqi nationals employed by or onbehalf of the U.S. government;
  • Cuban and Haitian entrants at adjustment of status;
  • Applicants seeking adjustment under the Cuban Adjustment Act;
  • Nicaraguans and other Central Americans who are adjusting status to legalpermanent resident; Haitians who are adjusting status to legal permanent resident;
  • Lautenberg parolees;
  • Special immigrant juveniles;
  • Applicants for registry;
  • Applicants seeking Temporary Protected Status;
  • Certain nonimmigrant ambassadors, ministers, diplomats, and other foreign government officials, and their families;
  • Human trafficking victims (T nonimmigrants);
  • Victims of qualifying criminal activity (U nonimmigrants);
  • Self-petitioners under the Violence Against Women Act

• Supplemental Security Income
• Temporary Assistance for Needy Families

There are certain limits on receiving public benefits for some people, but if you are a U.S. citizen, a refugee, or an asylum-seeker, there are few limits on the public benefits you can accept.

If you lack immigration status, are on a temporary visa, or have a green card, there might be some limits on what public benefits you can get without hurting your immigration status.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

1. 1. Medicaid and other health insurance and health services (if not used for long-term use of institutional services),
   2. Children’s Health Insurance Program (CHIP),
   3. Food assistance programs such as Supplemental Nutrition Assistance Program (SNAP, also known as food stamps) and free or subsidized school lunch programs,
   4. Special Supplemental Nutrition Program for Women, Infants, and Children (WIC),
   5. Housing benefits such as federal rental assistance,
   6. Immunizations and testing for communicable diseases benefits,
   7. Disaster and pandemic assistance, including hurricanes or wildfires, or pandemics and their aftermath,
   8. Home energy assistance,
   9. Childcare services, and
   10. Home and community-based services.

Source(s)

Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022): https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Yes, and it will not affect your immigration status. Non-cash assistance is not considered in the public charge determination.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Yes, and it will not affect your immigration status. Your kids can accept any meals provided by their schools. Non-cash assistance is not considered in the public charge determination.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Yes. You can and should always go to the emergency room if you need emergency medical care.

Receiving healthcare does not affect your immigration status, unless it is funding long-term institutionalization paid for by the government.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Yes, and it will not affect your immigration status, given it is not used to fund long-term institutionalization.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Yes, and it will not affect your immigration status. Non-cash assistance is not considered in the public charge determination.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Yes, and it will not affect your immigration status, given it is not used to fund long-term institutionalization.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Yes. Disaster relief does not affect your immigration status. Non-citizens can accept any federal, state, or local relief for disasters and pandemics.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Yes, and it will not affect your immigration status. Public charge determinations are only made based on public benefits, not donations from private groups.

Source(s):
Public Charge Ground of Admissibility, 87 Fed. Reg. 55,742 (Sept. 9, 2022)
https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility

Maybe. The USCIS will consider past receipt of public benefits most indicative of whether a person is likely to become primarily dependent on the government for subsistence.

Source(s):
U.S. Citizenship and Immigration Services: “Final Rule of Public Charge Ground of Inadmissibility”
https://www.uscis.gov/archive/final-rule-on-public-charge-ground-of-inadmissibility